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Misc. F.— 2. Issued December 14, 1915. 

U. S. DEPAKTJVIENT OF AGRIOULTUEE, 

FOREST SERVICE. 

HENRY S. GRAVES, Foeestee. 



WATER POWER PROJECTS, TELEPHONE, 
TELEGRAPH, POWER TRANSMISSION LINES 

ON THE 

NATIONAL FORESTS. 



REGULATIONS OF THE SECRETARY OF AGRI- 
CULTURE AND INSTRUCTIONS REGARDING 
APPLICATIONS FOR PERMITS FOR WATER- 
POWER PROJECTS UNDER THE ACT OF FEB- 
RUARY 15, 1901, AND FOR EASEMENTS FOR 
TELEPHONE, TELEGRAPH, AND POWER 
TRANSMISSION LINES UNDER THE 
ACT OF MARCH 4, 1911. 




WASHINGTON: 

GOVERNMENT PRINTING OFnOE. 

1915. 



Misc. F.— 2. Issued December 14, 1915. 

U. S. DEPAETMENT OF AGRICULTURE, 

" FOREST SERVICE. 

HENRY S. GRAVES, FORESTER. 



WATER POWER PROJECTS, TELEPHONE, 
TELEGRAPH, POWER TRANSMISSION LINES 

ON THE 

NATIONAL FORESTS. 



REGULATIONS OF THE SECRETARY OF AGRI- 
CULTURE AND INSTRUCTIONS REGARDING 
APPLICATIONS FOR PERMITS FOR WATER- 
POWER PROJECTS UNDER THE ACT OF FEB- 
RUARY 15, 1901, AND FOR EASEMENTS FOR 
TELEPHONE, TELEGRAPH, AND POWER 
TRANSMISSION LINES UNDER THE 
ACT OF MARCH 4, 1911. 




WASHINGTON": 

GOVERNMENT PRINTING OFFICE. 

1915. 






D. of D. 
JAN 15 1916 



^v 



i 



CONTENTS 



Regulations !. 5 

Act of February 15, 1901 5 

Act of March 4, 1911 30 

Instructions 36 

Applications under act of February 15, 1901 36 

General statement 36 

Preliminary applications and permits for power proj- 
ects of more than 100 horsepower total capacity . . 40 
Final applications and permits for projects of more 

than 100 horsepower total capacity 42 

Final applications and permits for projects of 100 

horsepower total capacity or less 44 

Transmission-line applications and permits 45 

Applications under act of March 4, 1911 : 47 

Telephone, telegraph, and power- transmission lines. . 47 

Forms 49 

58 — Application for preliminary power permit 49 

59 — Preliminary power permit. 50 

60 — Application for final power permit 53 

60a— Form of affidavit of engineer to accompany applica- 
tion for final power permit. 56 

60b— Form cf certificate of applicant to accompany appli- 
cation for final power permit 57 

61 — Power stipulation 59 

61b — Acknowledgment 72 

62 — Final power permit 72 

63 — Transmission-line permit 63 

68— Transmission-line stipulation 79 

69— Stipulations * 69 

319 — Proof required of corporate officer's authority to 

sign agreements, permits, and bonds as principal 89 

(3) 



WATER POWER PROJECTS, TELEPHONE, TELE- 
GRAPH, POWER TRANSMISSION LINES. 



REGULATIONS. 



ACT OF FEBRUARY 15, 1901 (31 STAT.. 790). 

REG. L-1. Preliminary power permits will be granted for 
the purpose of preserving priority of application while appli- 
cants are securing the data necessary for applications for final 
permits, and may allow such construction work as is necessary 
to preserve water appropriations until final permits are se- 
cured. Preliminary permits will not be granted for transmis- 
sion lines alone or for power sites having a total capacity of 
100 horsepower or less. 

Final power permits will allow the occupancy and use of 
National Forest lands for the construction, maintenance, and 
operation thereon of project works for the development, trans- 
mission, and use of power. 

Preliminary or final permits for power sites of a total ca- 
pacity in excess of 100 horsepower will be granted, amended, 
extended, and renewed by the Secretary of Agriculture, here- 
inafter called "the Secretary." 

Permits for power sites of a total capacity of 100 horse- 
power or less will be granted, amended, extended, and renewed 
by the district forester. 

Permits for transmission lines will be granted, amended, 
extended, and renewed: (1) By the Secretary when such per- 
mit is supplemental to an existing permit for a power site of 
a total capacity in excess of 100 horsepower; (2) by the dis- 
trict forester when the transmission line is to be used in con- 
nection with a power site (whether under permit or not) of 
a total capacity not to exceed 100 horsepower or when the 
connected load upon the transmission line will not exceed 100 
horsepower; (3) in all other cases by the Forester. 

(5) 



The Secretary alone may revoke power and transmission 
line permits. 

Note. — Since a preliminary permit merely protects an appli- 
cant's priority, it is optional with him whether he will apply 
for a preliminary permit or will secure without such permit the 
data necessary for making an application for a final permit. 
No permit is required for trnveling, camping, or surveying 
within National Forests, and camp wood and forage for neces- 
sary stock may be taken without specific permission and without 
charge. Necessary cutting of timber in surveying for lawful 
projects may be done without permit. Unnecessary cutting is 
prohibited. 

Total capacities for the purpose of this regulation will be 
computed in accordance with the rule prescribed in Regula- 
tion Tr-l. 

Whenever transmission lines are to be built in connection with, 
or as extensions to, a power or transmission system already under 
permit, the transmission-line permit will be made supplemental 
to the major permit. Lines transmitting purchased power 
from systems not under permit, whether constructed and owned 
by the power company or by the purchaser of the power and 
regardless of the power capacity of such system, will be handled 
by the district forester if the connected load upon the line does 
not exceed 100 horsepower ; otherwise permits will be issued by 
the Forester. 

Power plants and transmission lines forming part of a system 
generating steam power only will not be handled under these 
regulations except upon specific request of applicants. Such 
use will be authorized by *' special-use " permits. 

REG. L-2. Applications for preliminary or final permits, 
whether for maintenance or priority of application or for occu- 
pancy and use of lands of the United States within National 
Forests, shall be filed with the district forester of the district 
in which the lands are situated, except that applications for 
permits in the Territory of Alaska may be filed either with 
the district forester or with the supervist.)r of the National 
Forest in which the lands are situated. 

Note. — If a proposed project will include lands of the United 
States outside of the National Forests, as well as those within, 
the regulations of the Department of the Interior require that 
applicants shall also submit to the local land office, in the land 
district in which such lands are situated, such maps and papers 
and copies thereof as are required by the regulations of that 
department. 



If the project will include lands of the United States wholly 
outside the National Forests, application should be made to the 
local land office of the land district in which the lands are situ- 
ated, in accordance with the regulations of the Department of 
the Interior. 

Preliminary applications should be prepared in accordance 
with Regulation L-10 and final applications in accordance with 
Regulation L-11 or Regulation L-12, depending upon the size of 
the project. 

REG. L-3. Applications for final permits will be given con- 
sideration in the order of the relative priorities therefor. 
Such priorities may be initiated by the filing of preliminary 
applications as prescribed in Regulation L-10 or of final appli- 
ciations as prescribed in either Regulation L-11 or Regulation 
L-12. If a preliminary permittee shall file complete final ap- 
plication before loss of priority initiated by the preliminary 
application, the priority so initiated shall be maintained by 
the final application and be effective as of the date of the pre- 
liminary application. Priority shall be maintained, however, 
only in so far as the projects shown in the final application are 
within the approximate limits of diversion and discharge as 
shown in the preliminary application. 

Priority initiated or maintained by a final application shall 
be lost if the applicant fails to make the payment required 
and to return a duly executed stipulation, as prescribed in 
Regulation L-14 or in Regulation L-15, on or before a date 
fixed in the letter transmitting such stipulation to him, unless 
upon a satisfactory showing therefor, filed with the district 
forester before said date, the district forester shall extend the 
time originally named. 

Priority initiated by a preliminary application shall be lost 
(1) if the initial payment is not made on or before a date fixed 
by the district forester in the letter transmitting the request 
for payment, unless upon a satisfactory showing therefor, 
filed with the district forester before said date, the district 
forester shall extend the time originally named; or (2) if the 
application for final permit is not filed before the date speci- 
fied in the preliminary permit, unless additional time shall 
have been allowed by written authority of the Secretary upon 
a showing by the permittee, filed with the district forester 
prior to said date, that the filing of final application has been 
prevented by unusual climatic conditions that could not rea- 
sonably have been foreseen or by some special or peculiar 
cause beyond the control of the permittee. 



8 

Priority initiated or maintained by an application for permit 
shall be lost if the permit is revoked. 

No other application, either preliminary or final, for a like 
use (except for transmission lines) covering in whole or in 
part the same or adjacent lands will be accepted from a per- 
mittee whose priority is lost until the expiration of one year 
thereafter; and this restriction shall extend to transferees of 
the permittee and, if the permittee is a corporation, to rein- 
corporations representing the same or associated interests, 
whenever in the judgment of the Secretary a transfer or 
reincorporation has been effected for the purpose or with the 
result of escaping the restriction of this regulation, it being 
the intent of such restriction to leave open to other applicants 
for a period of one year power sites upon which priorities 
have lapsed, as provided in this regulation. 

Note. — In transmitting stipulations for signature or letters of 
transmittal for payment of charges, the district forester will 
name a date upon which stipulations must be returned and pay- 
ment made on penalty of loss of priority. 

REG. L-4. Final permits will be issued only if it appears 
that the proposed occupancy and use will be in general accord 
with the most beneficial utilization of the resources involved 
and consistent with the public interest. No final permit will 
be issued if the works to be constructed thereunder will un- 
reasonably interfere with the construction or operation of 
works authorized by existing final permits. Nq final permit 
will be issued for the construction of works within an area 
covered by a prior preliminary permit until after the filing of 
final application or the loss of priority by the prior prelimi- 
nary permittee. 

Applications for final permits involving in whole or in part 
the same lands will be examined in order of their priority, but 
before the issuance of final permit consideration may be given 
to the financial ability and business connections and affiliations 
of the applicants. 

Successive preliminary permits may be issued covering the 
same power site, but in each successive preliminary permit it 
shall be specified that such permit is subordinate to all out- 
standing prior permits and shall not adversely affect any 
rights thereunder. 

The rejection of an application shall be final unless an 
appeal therefrom, is filed with the district forester (in the 
Territory of Alaska it may be filed with the forest super- 
visor) within the time named therefor by the officer rejecting 



the application. Such appeal shall set forth fully the facts 
and arguments upon which it is taken. 

Note. — Decisions rejecting applications, wlietlier made by the 
Secretary, by tlie Forester, or by the district forester, will be 
forwarded to the applicant by the district forester accompanied 
by a letter fixing a definite date on or before which an appeal 
must be taken or the case will be closed. 

REG. L-5. Wherever the approval of a State administrative 
official, hoard, or commission is a condition precedent to the 
right either to take and use water for power purposes or to 
engage in the business of the generation, transmission, or 
distribution of power, certified evidence of such approval must 
he filed with the district forester before a final permit will be 
issued. Formal notification by such official, board, or com- 
mission that the water right has been canceled or the permis- 
sion to engage in the power business withdrawn will be 
deemed sufficient grounds for the revocation of the permit. 

REG. L-6. Final permits will be issued for a period not to 
exceed 50 years from the date of issuance thereof. If, how- 
ever, at any time not less than 2 nor more than 12 years prior 
to the termination of the permit the permittee shall formally 
notify the Secretary that he desires a new permit to occupy 
and use such lands as are occupied and used under the exist- 
ing permit and will comply with all then existing laws and 
regulations governing the occupancy and use of National For- 
est lands for power purposes, the existing permit will be 
considered as an application for such new permit. 

Whenever in his opinion the public interest requires it the 
Secretary may grant an indeterminate permit in lieu of a 
fixed-term permit, but such indeterminate permit shall ex- 
pressly state that it is subject to the right of the United 
States, of the State, or of a municipal corporation to purchase 
as provided in Regulation L-14, paragraph (S) hereof; that 
it may be terminated for cause as provided in Regulation L-19 
hereof; or that it may be otherwise modified or terminated 
according to law. Such permit shall also provide for a re<;d- 
justment of its terms at intervals of not less than 20 years to 
conform to regulations existing at the time of readjustment. 

REG. L-7. The following terms, wherever used in these 
regulations, shall have the meaning hereby in this regulation 
assigned to them, respectively, viz: 

" Municipal purposes " means and includes all purposes 
within municipal powers as defined by the charter of the 



10 

municipal corporation, where any such purpose is directly 
pursued by the municipal corporation itself with the primary 
object of promoting the security, health, good government, or 
general convenience of its inhabitants. 

" Power business " means the entire business of the appli- 
cant or permittee in the generation, distribution, and delivery 
of power by means of any one power system, together with all 
works and tangible property involved therein, including free- 
holds and leaseholds in real property. 

" Power project " means a complete unit of power develop- 
ment, consisting of a power house, conduit or conduits con- 
ducting water thereto, all storage or diverting or fore-bay 
reservoirs used in connection therewith, the transmission line 
delivering power therefrom, any other miscellaneous struc- 
tures used in connection with said unit or any part thereof, 
and all lands the occupancy and use of which are necessary or 
appropriate in the development of power in said unit. 

" Project works " means the physical structures of a power 
project. 

" Construction of project works " means the actual construc- 
tion of dams, water conduits, power houses, transmission 
lines, or some permanent structure necessary to the operation 
of a complete power project, and does not include surveys or 
the building of roads and trails, or the clearing of reservoir 
sites or other lands to be occupied, or the performance of any 
work preliminary to the actual construction of permanent 
project works. 

" Primary transmission line " means the main line or lines 
over which power is delivered from a power house, or gener- 
ating station, at the voltage of the high-tension side of the 
station transformers. 

" Distance of primary transmission " means the distance 
measured along the primary transmission line from the power 
house to the point of first reduction in line voltage by means 
of transformers. 

" Operation period " means the period covered by final per- 
mit subsequent to the actual beginning of operation. 

" Survey-construction period " means the period covered by 
preliminary and final permits prior to the operation period. 

" Nominal stream flow " means the sum of (a) the flow 
determined by averaging the values estimated for the natural 
mean flow for the two-month (calendar) minimum-flow 
period in each successive five-year period or major fraction 
thereof, and (b) the stream flow made available from storage 
by project works not under permit. 



11 

" Load factor " means the ratio of average power output to 
maximum power output. 

"Total capacity of the power site " means the continued 
product of (1) the factor 0.08^; (2) the average effective head 
in feet; (3) the stream flow estimated to be available at the 
intake (in second-feet and in amount not to exceed the maxi- 
mum hydraulic capacity of the project works) considered as 
the sum of (a) the nominal stream flow and (b) stream flow 
made available from storage by project works under permit; 
and (4) a factor not less than the average load factor of the 
power system, representing the degree of practicable utiliza- 
tion of the stream flow estimated to be available and based on 
the extent of fore-bay storage and the load factor of the 
power system. 

" Rental capacity of the power site " means the capacity on 
which the rental charges are based. Unless otherwise ordered 
by the Secretary, it will be determined by making the follow- 
ing deductions from the total capacity of the power site. 

(a) Whenever power projects include water-conduit or 
intake-reservoir sites not wholly on National Forest lands a 
deduction will be made from that part of the total capacity of 
the power site which is due to the use of the nominal stream 
flow. This deduction will be, in per cent, the sum of (1) the 
product of the proportion of the average effective head ob- 
tained from the dam by the per cent of submerged lands below 
the flow line fixed by the average effective head that are not 
National Forest lands, and (2) the product of the proportion 
of the average effective head obtained from the water conduit 
by the per cent of the length of said conduit which is not 
located on National Forest lands. 

(b) Whenever power projects include reservoir sites not 
wholly on National Forest lands, a deduction will be made 
from that part of the total capacity of the power site which 
is due to the use of stream flow made available from storage 
by the project works under permit. This deduction will be the 
per cent of the total area of the reservoir sites that is not 
National Forest land. 

(c) From the total capacity of the power site which remains 
after deductions (a) and (b) have been made will be made a 
further deduction which, in per cent, shall be the product of 
the square of the distance of primary transmission in miles 
and the factor 0.001, but in no case shall deduction (c) exceed 

1 The factor 0.08 represents the horsepower at 70 per cent efficiency 
of a second-foot of water falling through a head of 1 foot. 



12 

25 per cent. Deductions will be made under this paragraph 
only when the application is accompanied by a satisfactory 
showing of the practicability and probability of the delivery of 
power to the point named, and, in case of final permits, only 
when the application is also accompanied by complete maps 
and notes of survey of the proposed transmission line. 

Note. — ^A feeder coaclnit is a conveyor of water, making avail- 
able to a power project the flow from a drainage other than that 
from which the principal diversion is made. If diversion of 
run-off is made from the drainage on which the power plant is 
located, this will be termed the " principal diversion " ; if not, 
the diversion yielding the greatest portion of the "nominal 
stream flow " will be so termed. 

The power capacity, due to the feeder conduit, means the con- 
tinued product of (1) the factor O.OS, (2) the average effective 
head of the project in feet, (3) the load factor as above defined 
and determined, and (4) the average stream flow made avail- 
able by the feeder conduit during the two consecutive months 
of minimum flow for the whole or major part of each five-year 
period. 

The length of the feeder conduit will be considered as the 
distance measured along the conduit from its intake to the 
point where it discharges its contents into the drainage from 
which the principal diversion is made, or into the conduit carry- 
ing such principal diversion. 

The deduction for unreserved land along the feeder conduit 
will be the product of its power capacity and the ratio of the 
unreserved to total length of such feeder. 

" Primary transmission lines," as used in these regulations 
are to be distinguished from " service lines," which mean and 
include lines operated at the voltage of the apparatus using the 
power (lamps, motors, etc.) and having no voltage reduction at 
the delivery end; and from "secondary transmission or distri- 
bution lines" which mean and include all lines operated at a 
voltage intermediate between the " primary transmission line " 
voltage and the "service-line" voltage. In computing deduc- 
tions for transmission-line distance, length of primary trans- 
mission lines only will be considered. 

REG. L-8. The maintenance of priority under preliminary 
permits and the occupancy and use of National Forest lands 
under final permits for power sites of more than 100 horse- 
power total capacity (except as hereinafter provided in this 
regulation) will be conditioned on the payment in advance for 
each calendar year of a rental charge calculated from the 
"rental capacity of the power site," as defined in Regulation 



13 

L-7, at the following rates per horsepower per year, unless 
otherwise ordered by the Secretary: 

For the unexpired portion of the calendar year and for the first full 
calendar year of the survey-construction period and similarly for 

the operation period $0. 10 

For the second full calendar year of each of said periods . 20 

For the third year • 30 

For the fourth year • 40 

For the fifth year • 50 

For the sixth year • 60 

For the seventh year • 70 

For the eighth year • 80 

For the ninth year • 90 

For the tenth and each succeeding year 1. 00 

At any time not less than ten years after the issuance of 
final permit or after the last revision of rates of rental 
charges thereunder the Secretary may review such rental 
rates and impose such new rental rates as he may decide to 
be reasonable and proper: Provided, That such rental rates 
shall not be so increased as to reduce the margin of income 
(including appreciation in land values) from the power project 
under permit over proper actual and estimated expenses (in- 
cluding reasonable allowance for renewals and sinking-fund 
charges) to an amount which, in view of all the circumstances 
(including fair development expenses and working capital) 
and risks of the enterprise (including obsolescence, inade- 
quacy, and supersession) is unreasonably small, but the burden 
of proving such unreasonableness shall rest upon the permittee. 

The occupancy and use of National Forest lands under 
transmission-line permits (except as hereinafter provided in 
this regulation) will be conditioned on the payment in ad- 
vance for each calendar year of a rental charge of $5 for each 
mile or fraction thereof, unless otherwise ordered by the 
Secretary. 

No rental charge will be made (1) for power projects of 100 
horsepower total capacity or less or for transmission lines 
used in connection therewith; (2) for primary transmission 
lines which are part of a power project under permit; (3) for 
any power project or transmission line when the power to be 
developed or transmitted is to be used by a municipal cor- 
poration for municipal purposes or by any permittee for one 
or more of the following purposes: (a) For irrigation as aux- 
iliary to irrigation works owned or operated by the permittee; 
(b) for logging operations in connection with the purchase by 
the permittee of National Forest timber under a timber-sale 
agreement or for the manufacture into a merchantable prod- 
uct by the permittee of such timber so purchased; (c) for the 



14 

temporary development of power to be used in the construc- 
tion of permanent project works under permit issued to the 
permittee. 

Whenever a power project is not used exclusively for the 
purposes above named such proportional part of the full 
schedule charge for any calendar year will be credited to the 
permittee as the power developed by the project works and 
used for the purposes above named bears to the total output of 
the project works for said year. Such credits will be made 
only upon application by the permittee accompanied by a 
showing of fact satisfactory to the Secretary. Any amount 
so credited will be applied to the cancellation of charges as 
they may thereafter become due. 

The rental charges on account of a preliminary permit will 
he calculated from the rental capacity of the power site as 
estimated by the Secretary at the time of granting such per- 
mit. The rental charges on account of a final permit will be 
calculated from the rental capacity of the power site as esti- 
mated by the Secretary at the time of granting said final 
permit: Provided, That said estimated rental capacity may 
be adjusted by the Secretary (a) to provide for changes made 
during construction; (b) annually to provide for changes in 
ownership of lands in reservoir sites and on water-conduit 
lines and for changes in length of primary transmission; (c) 
to provide for changes in nominal stream flow whenever such 
flow is increased or decreased because of additional storage 
or otherwise; or (d) whenever not less than 10 years after 
the determination of the last preceding estimated value there- 
of the permittee shall apply for or the Secretary give notice of 
a redetermination of the rental capacity of the power site. 

The first payment by every permittee shall be the charge 
for a full year, but any excess of said payment over the pro 
rata charge for the unexpired portion of the calendar year in 
which the permit is issued will be credited to the permittee as 
a part of his payment for the first full calendar year. 

All payments made for the survey-construction period will 
be credited to the permittee for the cancellation of charges as 
they become due in the operation period. 

If all or any part of the amounts due for rental charges as 
required in the preliminary permit shall, after due notice has 
been given, be in arrears for 60 days, then and thereupon the 
preliminary permit shall terminate and be void without revo- 
cation by the Secretary. If all or any part of the amounts due 
for rental charges as required in the final permit shall, after 
due notice has been given, be in arrears for 90 days, then and 



15 

thereupon the final permit shall be subject to revocation by 
the Secretary. 

The decision of the Secretary shall be final as to all matters 
of fact upon which the calculation of the capacities or rentals 
depends. 

Note. — Except when forming part of a power project of 100 
horsepower total capacity or less the regular charge of $5 per 
mile or fraction thereof will be made for all secondary trans- 
mission or service lines, as defined in the note to Regulation 
L-7, whether such lines are included in the general permit or 
are under supplementary or independent permit. 

From the fact that probably in many instances the data for 
the original calculations will be meager, provision is made for a 
redetermination of the jiower capacity by 10-year intervals, to 
admit of utilizing more complete data and to allow for possible 
change of conditions. 

REG. L-9. All applications for permits, whether preliminary 
or final, shall, if the applicant be an individual, contain a 
sworn statement that he is a citizen of the United States. If 
the applicant is an association of citizens, the application shall 
contain a sworn statement by each member that he is a citizen 
of the United States. Associations must, in addition, submit 
their articles of association; if there be none, the fact must be 
stated over the signature of each member of the association. 

If the applicant is an incorporated company, its applica- 
tion must be accompanied by the following papers: 

(A) A copy of its articles of incorporation, duly certified to 
by the officer of the State having custody of the original 
thereof. 

(B) If operating in a State other than that in which incor- 
porated, a certificate of the proper officer of the State that it 
has complied with the laws of that State governing foreign 
corporations to the extent required to entitle the company to 
operate in such State. 

(C) A true list, signed by the secretary, under the seal of 
the company, showing the names and designations of its offi- 
cers and directors at the date of the filing of the items re- 
quired by this regulation. 

REG. L-10. All applications for preliminary permits shall 
consist of the following items (in addition to those specified 
in Regulation L^9), each of which shall be dated and signed 
^by the applicant: 

(D) An application in triplicate on Form 58. 

(E) A map on tracing linen, not larger than 28 by 40 inches 
and not smaller than 24 by 36 inches, with scale so selected as 

7528°— 15 2 



16 

to show upon a single map the power project or projects ap- 
plied for, showing the approximate location of the dams, 
reservoirs, conduits, power houses, and other project works. 
The map shall show: For each reservoir site, the distance and 
bearing of the dam from the nearest existing corner of the 
public survey and approximately the position of the maximum 
flow line; and for each water-conduit line, the distance and 
bearing of each terminus from the nearest existing corner of 
the public survey and the approximate location of the water 
conduit. If on unsurveyed land, the distances and bearings 
may be taken from a permanent mark on some natural object 
or permanent monument that can be readily found and recog- 
nized. 

(F) Estimates in triplicate for each power project of (1) 
the total head to be utilized and the per cent thereof to be 
obtained from dam and water conduit, respectively; (2) the 
stream flow and the per cent thereof to be made available 
from storage by the project works; (3) the area to be flooded 
by back water from the diversion dam; (4) the length of the 
proposed water conduit (from intake to tailrace outlet); (5) 
the area and capacity of each proposed storage reservoir; (6) 
the probable load factor of the power system; and (7) the 
distance, in miles, of proposed primary transmission. 

These estimates should be accompanied by a statement of 
the data on which they are based, including stream measure- 
ments, rainfall, run-off and evaporation records, drainage 
areas, probable points of delivery of power, and any other 
pertinent information. 

(G) If application is made for permission to prosecute con- 
struction under preliminary permit, the application shall be 
accompanied by a duly certified copy of such notice or appli- 
cation, if any, as is required to be posted or filed, or both, to 
initiate the appropriation of water under the local laws. This 
notice or application should provide for use by the applicant 
for a permit of sufficient water for the full operation of the 
project works. If permission to construct is not applied for, 
no notice of water right need be filed. 

Application must be made for a definite, limited period only, 
which period will allow a reasonable time for the preparation 
and filing of the final application as prescribed in Regula- 
tion L-11. 

A preliminary application shall not initiate any priority 
until every map or paper required by Regulation L-9 and by 
this regulation shall have been filed in the manner prescribed. 



17 

REG. L-11. All applications for final permits to occupy and 
use National Forest lands for power projects of more than 100 
horsepower total capacity shall consist of the following items 
(in addition to those specified in Regulation L-9) : 

(D) An application in triplicate on Form 60. 

(E) Maps of location and plans of structures on tracing 
linen, cut to a uniform size not larger than 28 by 40 inches 
and not smaller than 24 by 36 inches, with graphical scale not 
less than 6 inches in length drawn thereon. Separate sheets 
shall be used for maps of location whenever the whole survey 
can not be shown upon a single sheet. 

(1) The following maps and plans shall be submitted for 
each reservoir that will be a part of the power project or 
projects applied for: (a) A contour map of each reservoir 
site, dam, and dam site on a scale of not more than 400 feet 
to the inch, with a contour interval of not more than 10 feet. 
The contour map for each reservoir site shall show the high- 
water flow line and, in case the reservoir is to be used in 
whole or in part for diversion purposes, the flow line fixed by 
the estimated average effective head and also a table or dia- 
gram of areas and capacities for each flow line and each con- 
tour line, (b) A cross section of each dam site along the 
center line of the proposed dam, with a graphical log properly 
located thereon of each boring, test pit, or other exploration, 
and a brief statement of the character and dip of underlying 
material, (c) Plans, elevations, and cross sections of the 
dams, showing spillways, sluiceways, or sluice pipes, and other 
outlet works, and also a statement of the volume of the dam, 
the character of the materials used, and the type of con- 
struction. 

(2) The following maps and plans shall be submitted for 
the entire length of each water conduit, from intake to tail- 
race outlet, that will be a part of the power project or projects 
applied for: (a) Either a contour or a profile map and survey 
(at the option of the applicant) of the entire water-conduit 
location on a scale of not more than 400 feet to the inch. If 
a contour survey is made, the contours shall have an interval 
of not more than 10 feet and shall cover an area of 100 feet 
in width on each side of the center line of the water conduit 
or a difference in elevation of at least 25 feet above or below 
the grade line of the conduit. If a profile survey is made, 
stations should be located at intervals not to exceed 100 feet, 
and such stations should be shown upon maps, profiles, and 
field notes. The m^p and profile of each section of line 



18 

should be drawn upon the same sheet. This map shall show 
the transit line of the survey and the center line of the pro- 
posed final location of the water conduit. The maps shall 
also show what sections of the water conduit will be in flume, 
ditch, tunnel, pipe, etc., and the grade of each sectien. (b) 
Plans, elevations, and cross sections of each type of vrater 
conduit, showing material, dimensions, grades, flow line, and 
capacity and plans and elevations of intake works and fore 
bays. 

(3) A map on a scale of not more than 50 feet to the inch, 
showing the proposed location of the power house, other 
buildings, etc., shall be filed for each power-house site that 
will be a part of the power project or projects applied for. 
This map shall also state the proposed type and estimated 
number and rated capacity of the water wheels and generators 
to be used. 

(4) A map of the survey of the proposed final location of 
the center line of the transmission line, on a scale of not more 
than 1,000 feet to the inch, shall be filed for such portions of 
transmission lines as are located upon National Forest lands. 

(5) A general map of the power project or projects ap- 
plied for on such a scale that the entire survey may be shown 
on a single sheet shall be submitted whenever more than two 
detail sheets are required to show the entire location (see par. 
(E)); also a similar map showing the entire primary trans- 
mission system from power houses to points of distribution. 
Both power projects and transmission system may be shown 
upon a single sheet, provided the combined map can be 
drawn on a scale of not less than 2 inches to the mile. Gen- 
eral maps should also be prepared as key maps by indicating 
thereon by outline and number (or letter) the location of the 
areas covered by the several detail sheets. 

(F) Copies of field notes in triplicate of the entire final 
location survey of water conduits, and transmission lines, the 
exterior boundaries of power-house and reservoir sites, and all 
reference lines to public-land corners. 

(G) Estimates in triplicate for each power project of (1) 
the total average effective head to be utilized and the per cent 
thereof to be obtained from dam and from water conduit, re- 
spectively; (2) the stream flow and the per cent thereof made 
available from storage by the project works and by other 
works, respectively; (3) the area to be flooded by the dam 
below the flow line fixed by the estimated average effective 
head; (4) the length of the proposed water conduit (from 
intake to tailrace outlet) and the number, length, and size of 



19 

pressure pipes; (5) the area and available capacity of each 
proposed storage reservoir; (6) the available storage capacity 
of fore-bays (or diversion ponds) ; (7) the probable load factor 
of the power system; and (8) the distances in miles of primary 
transmission. 

These estimates should be accompanied by complete state- 
ments in detail of all data on which they are based, including 
stream measurement, rainfall, run-off and evaporation rec- 
ords, drainage areas, total static head and losses in head, 
probable maximum, minimum, and average power output, 
load curves of the power system, efficiencies of machinery, 
probable points of delivery of power, and all other pertinent 
information. 

(H) Such evidence of water appropriation as is specified in 
Regulation L-10 (G). If such evidence has been filed with a 
preliminary application, only such additional evidence, in gen- 
eral, will be required as will cover appropriations or trans- 
fers subsequent to the date of the evidence filed with the pre- 
liminary application. But wherever the approval of a local 
administrative official, or board, or commission is a condition 
precedent to the right either to take and use water for power 
purposes or to engage in the business of the generation, 
transmission, or distribution of power, certified evidence of 
such approval must also be filed with the application for final 
permit. (See Reg. L-5.) 

(I) A detailed statement in triplicate by the applicant of 
the time desired for making financial arrangements, for com- 
pleting preliminary construction, and for beginning " con- 
struction of project works," as defined in Regulation L-7. 

(J) The application shall be accompanied by an affidavit of 
the applicant's engineer and a certificate of the applicant. 
(See pp. 57 and 58.) Affidavits and certificates will not be 
placed upon maps, plans, and other exhibits, but will be filed 
as a separate exhibit. 

The maps and field notes shall show reference lines to 
initial point of survey, to termini of water conduits, and to 
termini of transmission lines (when within a National Forest 
or not more than 2 miles outside its exterior boundary meas- 
ured along the transmission line). The maps and field notes 
shall also show the intersection of the survey line with the 
section lines of public-land surveys and with boundaries of 
National Forests and other reservations of the United States. 

The termini of water conduits, the termini of transmission 
lines, the intersections with boundaries of reservations of the 
United States, and the initial point of survey of power-house 



20 

sites shall be fixed by reference by course and distance to the 
nearest existing corner of the public survey. The initial point 
of the survey of reservoir sites shall be fixed by reference by 
course and distance to the nearest existing corner outside of 
the reservoir by a line or lines not crossing an area that will 
be covered with water when the reservoir is in use. When 
any such terminus, intersection, or initial point is upon un- 
surveyed land, it shall be connected by traverse with an estab- 
lished corner of the public survey, and the distance from the 
terminus, intersection, or initial point to the corner shall be 
computed and noted on the map. When the nearest estab- 
lished corner of the public survey is more than 2 miles dis- 
tant, this connection may be with a permanent mark on a 
natural object or a permanent monument which can be readily 
found and recognized. The field notes shall give an accurate 
description of the natural object or monument and full data 
of traverse, as required above. The intersections of the sur- 
vey lines with section lines of the public-land survey shall be 
referenced by course and distance to the nearest existing 
corner along the section lines intersected. If no corner can be 
found within a half mile of the survey line, the fact may be 
noted on the map and in the field notes and the reference 
omitted. The maps shall also show all lines of public-land 
subdivisions by official survey; the protractions on unsur- 
veyed land of section and township lines, such protractions in 
any National Forest to conform to the diagram accompanying 
the proclamation establishing the boundaries of such National 
Forest; and the status as to ownership of all lands of the 
power project or projects, designating separately lands pat- 
ented, lands of the United States entered or otherwise em- 
braced in an unperfected claim under the public-land laws, 
unreserved lands of the United States, and, separately for 
each reservation, lands included within National Forests and 
other reservations of the United States. Elevations and con- 
tour lines shall be based on United States Geological Survey 
datum whenever available. 

Each separate original map, plan, set of field notes, estimates 
and data, evidence of water appropriation, articles of incor- 
poration, etc., shall be plainly marked " Exhibit A," " Exhibit 
B," etc., respectively, and referred to by such designation in 
the application. Maps and plans shall, in addition, be de- 
scribed in the application by their titles as " Exhibit A, map 
of location of," etc., " Exhibit B, plan of," etc. Duplicate and 
triplicate copies, when required, should be marked " Ex- 
hibit — , duplicate," " Exhibit — , triplicate." Maps should 
be rolled for mailing and should not be folded. 



21 

A final application shall not initiate or maintain any priority 
until every map or paper required by Regulation L-9 and by 
this regulation has been filed in the manner prescribed. 

Note. — Certificate to the completeness of an application will 
not be given unless data have been filed under all the items 
prescribed above and there appears to have been a bona fide 
attempt to comply fully with the regulation. 

Mere sketches of structures will not be accepted as fulfilling 
the requirements of paragraph (E), subdivisions (1) (c) and 
(2) (&). These should be actual dimension plans of structures 
designed for construction at the locations proposed. 

REG. L-12. No applications will be accepted for preliminary 
permits for power projects of 100 horsepower total capacity 
or less. Applications for final permits for such projects shall 
be in writing, dated and signed by the applicant, and, in addi- 
tion to the items specified in Regulation L-9, shall be accom- 
panied by: 

(D) A map showing the location of dams, reservoirs, con- 
duits, power houses, and transmission lines or other works. 

(E) Field notes of the survey. 

(F) A statement of the amount of water to be diverted for 
use, the maximum capacity of the diversion works, and the 
total head to be utilized. 

(G) Such showing as is specified in Regulation L-11 (H). 
The map shall be drawn on tracing linen and may be on any 

convenient scale. The map shall show, with reasonable accu- 
racy, the extent and location of each reservoir site, water con- 
duit, power-transmission line, and power-house site. It shall 
also show: For each reservoir site, the distance and bearing 
of the initial point of survey from the nearest existing corner 
of the public survey, the location of the maximum-flow line, 
the area and available storage capacity of the reservoir; for 
each water conduit or power-transmission line, the distance 
and bearing of each terminus from the nearest corner of the 
public survey, the location of the center line of the conduit or 
transmission line, its length and intersections of the center 
line with the boundaries of National Forests and other reser- 
vations of the United States; and for each power-house site, 
the distance and bearing of the initial point of survey from 
the nearest corner of the public survey, the location of the 
exterior boundaries of the site, and the area. If on unsur- 
veyed land, or if on surveyed land and corners can not be 
found within 1 mile, the distances and bearings may be taken 
from a permanent mark on some natural object or permanent 
monument that can be readily found and recognized. 



In the case of temporary developments only the district 
forester may in his discretion waive such of the preceding 
requirements as are not necessary to the purpose of such 
application. 

Note. — The requirements of this regulation are necessary in 
order that rights of way under permit may be located suffi- 
ciently to protect the permittee against subsequent applications 
and in order that entry may be made on the tract books of the 
General Land Office. 

REG. L-13. Before a final power permit will be issued the 
permittee shall (except in cases involving sites of a total 
capacity of 100 horsepower or less) execute and file a stipu- 
lation, which will be prepared and submitted to him by the 
district forester and which upon its acceptance shall consti- 
tute and express the conditions of the permit. Such stipula- 
tion shall expressly bind the applicant to such of the items 
enumerated in Regulation L-14 and such other conditions as 
may be required. 

REG. L-14. In so far as applicable to the specific occupancy 
and use under permit, the occupancy and use of National 
Forest lands for power purposes will be permitted upon the 
following conditions and not otherwise; and these conditions 
shall also apply to all existing permits, in vrhich the occu- 
pancy and use of National Forest land is conditioned upon 
the compliance by the permittee with the regulations of the 
Secretary as at any time existing. In general such conditions 
will be embodied in a stipulation to be signed by the applicant, 
but whether so embodied or not, and in so far as applicable, 
the permittee will be bound: 

(A) To construct the project works on the location shown 
upon and in accordance with the maps and plans submitted 
with the final application for permit and to make no material 
deviation from said location unless and until maps and plans 
showing such deviation shall have been submitted and ap- 
proved. (See Reg. L-15.) 

(B) To begin the construction of the project works, or the 
several parts thereof, within a specified period or periods from 
the date of execution of the permit, and thereafter to dili- 
gently and continuously prosecute such construction, unless 
temporarily interrupted by climatic conditions or by some 
special or peculiar cause beyond the control of the permittee. 

(C) To complete the construction and begin the operation 
of the project works, or the several parts thereof, within a 
specified period or periods from the date of execution of the 
permit. 



23 

(D) That except when prevented by unavoidable accidents 
or contingencies, the permittee will operate in good faith and, 
as continuously as may be possible under prevailing market 
requirements, the project works constructed, maintained, or 
operated in whole or in part under permit; will neither dis- 
continue the operation of said project works nor reduce the 
amount of power developed or transmitted by the same at 
such a time or in such a manner as to reduce the output of 
electric energy required by the consuming public, or to in- 
crease the market price therefor, or to discriminate between 
consumers, or to prejudice the public interests; and, if there 
is discontinuance of operation or reduction in the amount of 
power generated or transmitted for a continuous period of 
more than thirty (30) days or for an aggregate period of 
more than ninety (90) days in any calendar year, will notify 
the district forester of the fact of such discontinuance or re- 
duction, and of the reasons therefor. 

(E) To pay annually, in advance, such rental charges as 
may be fixed and required by the Secretary under these regu- 
lations. (Reg. L-8.) 

(F) On demand of the Secretary to install at such places 
and maintain in good operating condition in such manner as 
shall be approved by the Secretary, free of all expense to the 
United States, accurate meters, measuring weirs, gauges, or 
other devices approved by the Secretary, and adequate for the 
determination of the amount of power developed by the project 
works and of the flow of the stream or streams from which 
the water is to be diverted for the operation of the project 
works and of the amount of water used in the operation of 
the project works and of the amount of water held in and 
drawn from storage; to keep accurate and sufficient records of 
the foregoing determinations to the satisfaction of the Secre- 
tary ; and to make a return during January of each year, 
under oath, of such of the records of measurements for the 
year ending on December 31, preceding, made by or in the 
possession of the permittee, as may be required by the 
Secretary. 

(G) That the books and records of the permittee, in so far 
as they contain information concerning the power project or 
projects under permit and the power business conducted in 
connection therewith, shall be open at all times to the inspec- 
tion and examination of the Secretary or other officer or agent 
of the United States duly authorized to make such inspection 
and examination. 

(H) On demand of the Secretary to maintain a system of 
accounting of the entire power business conducted in connec- 



24 

tion with the power project or projects under permit in such 
form as the Secretary may prescribe or approve, which sys- 
tem, as far as practicable, will be uniform for all permittees, 
and to render annually such reports of the power business as 
the Secretary may direct: Provided, however. That if the laws 
of the State in which the power business or any part thereof 
is transacted require periodical reports from public-utility 
corporations under a uniform system of accounting, copies of 
such reports so made will be accepted, to the extent that they 
furnish the necessary information, as fulfilling the require- 
ments of this clause. 

(I) To protect all Government and other telephone, tele- 
graph, and power-transmission lines at crossings of and at all 
places of proximity to the permittee's transmission line in a 
workmanlike manner according to the usual standards of 
safety for construction, operation, and maintenance in such 
cases, and to maintain transmission lines in such manner as 
not to menace life or property. 

(J) To clear and keep clear all lands of the power project 
for such width and in such manner as the forest officers may 
direct. 

(K) To dispose to the satisfaction of the forest officers of 
all brush, refuse, or unused timber on National Forest lands 
resulting from the construction and maintenance of the 
project works. 

(L) To build and repair roads and trails as required by the 
forest officers or other agents of the United States whenever 
any existing roads or trails are destroyed or injured by the 
construction work or flooding under permit; and to build and 
maintain necessary and suitable crossings for all roads and 
trails which intersect the water conduit, if any, constructed, 
maintained, or operated under permit. 

(M) To do everything reasonably within the power of the 
permittee, and to require its employees, contractors, and em- 
ployees of contractors, to do everything reasonably within 
their pov/er, both independently and on request of the forest 
officers, or other agents of the United States, to prevent and 
suppress fires upon or near the lands occupied under permit. 

(N) To pay the full value, as fixed by the district forester, 
of all timber cut, injured, or destroyed on National Forest 
lands in the construction, maintenance, and operation of the 
project works. 

(O) To pay the United States full value for all damages 
resulting from the breaking of or the overflowing, leaking, or 
seeping of water from the project works, and for all other 



25 

damage to the lands or other property of the United States 
caused by the neglect of the permittee or of the employees, 
contractors, or employees of the contractors of the permittee. 

(P) To permit the use of any reservoir for the temporary 
storage or for the transportation of logs, ties, poles, or lum- 
ber; and, upon demand of the Secretary, to construct, main- 
tain, and operate a logway or other device approved by the 
Secretary and suitable for the passage of such logs, ties, 
poles, or lumber over or around any dam without undue hin- 
drance or delay; and, unless otherwise approved by the Sec- 
retary, to furnish free of cost to users of such logway or 
other device the machinery and the power necessary for the 
operation of such logway or other device: Provided, however. 
That the permittee shall not be required to furnish any labor 
other than that necessary in the operation of the power ma- 
chinery used in connection with such logway or other device: 
And provided further. That the use of said reservoir or of 
such logway or other device by owners of such logs, ties, 
poles, or lumber shall be under such rules and regulations 
adopted by the permittee as may be approved by the Secretary. 

(Q) To sell power to the United States when requested at 
as low a rate as is given to any other purchaser for a like 
use at the same time and under similar conditions, if the per- 
mittee can furnish the same to the United States without 
diminishing the quantity of power sold before such request 
to any other customer by a binding contract of sale: Provided, 
That nothing in this clause shall be construed to require the 
permittee to increase permanent works or to install additional 
generating machinery. 

(R) To abide by such reasonable regulation of the service 
to be rendered by the permittee to consumers of power fur- 
nished or transmitted by the permittee, and of rates of pay- 
ment therefor, as may from time to time be prescribed by the 
State or by any duly constituted agency of the State in which 
the service is rendered; but if such regulation is not exercised 
by the State or by any duly constituted agency thereof, that 
the Secretary may upon the filing with him of formal com- 
plaint by the State, by a municipality, or by not less than 
twenty-five (25) customers or prospective customers of the 
permittee cause an inquiry to be made concerning the service 
or rate of payment complained of; and if it shall appear upon 
such inquiry that the service or the rate of payment com- 
plained of is unreasonable, the Secretary may fix the char- 
acter of the service and may name the rate of payment which 
shall be rendered or charged. 



26 

(S) Upon demand therefor in writing from the Secretary 
to surrender the permit to the United States or to transfer the 
same to such State or municipal corporation as the Secretary 
may designate, and on the conditions specified in this para- 
graph; also to give, grant, bargain, sell, and transfer with 
the permit (upon such demand and upon said conditions) such 
works, equipment, structures, and property then owned or 
held and then valuable or serviceable in the generation, trans- 
mission, or distribution of electrical or other power, and which 
are then dependent in whole or in part for their usefulness 
upon the continuance of the permit, as may have been deter- 
mined by agreement with the Secretary and embodied in the 
aforesaid stipulation: Provided, however, That such agreement 
and such stipulation shall include only complete units of con- 
struction or of development: And provided further, That if 
such agreement or stipulation shall not include all such afore- 
said works, equipment, structures, and property as are de- 
pendent in whole or in part for their usefulness upon the 
continuance of the permit, the permittee shall waive all right 
to demand or receive consequential damages for the sever- 
ance of any property taken under the provisions of this para- 
graph from any property not taken. The Secretary may 
require such surrender if the United States shall desire to 
take over the permit and properties, or he may designate as 
such transferee any State or municipal corporation which 
shall desire such transfer: Provided, however, That no munici- 
pal corporation shall be so designated unless by proceedings 
in a court of competent jurisdiction it shall have been deter- 
mined that such a municipal corporation has the right to 
acquire such property: And provided further. That no munici- 
pal corporation shall be so designated unless it also has the 
power to acquire the said property and rights of the permittee 
in accordance with the following conditions. Such surrender 
or transfer shall be on condition precedent that the United 
States or such transferee shall first pay to the permittee the 
reasonable value of all said works, equipment, structures, and 
other tangible property and, in addition thereto, a bonus of 
three-fourths of 1 per cent of such reasonable value for each 
full year of the unexpired term of the permit. Such reason- 
able value shall not include any sum for any permit, franchise, 
or right granted by the United States, by any State, or by 
any municipal corporation in excess of the amount (exclusive 
of any tax or annual charge) actually paid to the United 
States or to such State or municipal corporation as the com- 
pensation for the granting of such permit, franchise, or right, 



or any sum for any other intangible properties or values 
whatsoever, it being the intent of this paragraph that all such 
intangible values shall be covered by the bonus herein pro- 
vided for. Such reasonable value shall be determined by 
mutual agreement between the parties in interest and, in case 
they can not agree, by a board of arbitration of three mem- 
bers, one of whom shall be named by the permittee and one 
by the transferee; the third shall be either the Secretary or 
some representative whom he may name. The reasonable 
value, for the purposes of such determination, of such works, 
equipment, structures, and other tangible property shall be 
the actual and necessary cost thereof or, if such original cost 
can not be determined with reasonable certainty, shall be the 
cost of reproduction of such works, equipment, structures, and 
other tangible property under substantially the same condi- 
tions as existed at the time of the original construction and at 
prices for labor and material which shall be the average of 
such prices for the five years next preceding the date of valua- 
tion, less a percentage of such original or such reproduction 
cost equal to the per cent of physical and functional depre- 
ciation of the existing works, equipment, structures, and other 
tangible property. 

(T) That in respect to the regulation by any competent 
public authority of the service to be rendered by the per- 
mittee or of the price to be charged therefor, and in respect 
to any purchase or taking over of the properties or business 
of the permittee or any part thereof by the United States, or 
by any State within which such properties are situated or 
business carried on, in whole or in part, or by any municipal 
corporation in such State, no value whatsoever shall at any 
time be assigned to or claimed for the permit or for the 
occupancy or use of National Forest lands granted thereunder, 
nor shall such permit or such occupancy and use ever be 
estimated or considered as property upon which the permittee 
shall be entitled to earn or receive any return, income, price, 
or compensation whatsoever. 

(U) That the works to be constructed, maintained, and 
operated under the permit shall not be owned, leased, trusteed, 
possessed, or controlled by any device or in any manner so 
that they form part of or in any way effect any combination 
in the form of an unlawful trust or form the subject of any 
unlawful contract or conspiracy to limit the output of electric 
energy or are in unlawful restraint of trade with foreign 
nations or between two or more States or within any one 
State in the generation, transmission, distribution, or sale of 
electric or other power. 



28 

(V) That any approval of any alteration or amendment, 
or of any map or plan, or of any extension of time, shall 
affect only so much of the stipulation or permit as is spe- 
cifically covered by such approval; and that no approval of 
any such alteration, amendment, or extension shall operate 
to alter or amend, or in any way whatsoever be a waiver of 
any other part, condition, or provision of the stipulation or 
permit. 

(W) That the permit shall be subject to all prior valid 
claims and permits which are not subject to the occupancy 
and use authorized under the permit applied for. 

Note, — Paragraph (S) is incliKled in stipulations for power 
permits iu order that permittees may not, on account of the 
occupancy of lands of the United States, be immune against 
the operation of State laws of eminent domain. The lands of 
the United States, and permanent structures thereon which 
under the common law are part and parcel of the land, are not 
subject to condemnation without authority of Congress. Such 
authority has not been given. The procedure which has been 
provided leaves the interest of the United States unaffected, 
while it fully protects the legitimate interests of the permittee 
and of the transferee. 

A procedure fixed by contract with the permittee has been 
provided because the State laws of eminent domain are inoper- 
ative on the public lands. Valuation by a board of arbitration 
has been provided, because, in the absence of specific authoriza- 
tion by Congress, jurisdiction in such proceedings could not be 
conferred upon the courts. A bonus has been added iu order 
that the property of a permittee may not be taken away before 
he has had opportunity to earn the expected return, unless he is 
given compensation in addition to the cost of the properties. 
This bonus would amount to about 35 per cent of the cost of the 
properties should they be taken over upon completion. 

REG. L-15. During the progress of construction amend- 
ments to maps of location or plans of structures will be re- 
quired from the permittee if there is to be a material devia- 
tion from the maps or plans as originally filed, but no devia- 
tion will be allowed which interferes with the occupancy and 
use of lands under existing permits or pending applications. 
Any approval of any such deviation, or of any amendment of 
a map or plan, or of any extension of time, shall be in the 
form of a supplemental stipulation and permit so drawn as to 
become a part of the original stipulation and permit and a 
substitute for the clauses amended. Any such approval shall 



29 

apply only to the matter specifically covered thereby, and na 
such approval shall operate to alter or amend or be in any 
way a waiver of any other part, condition, or provision of the 
stipulation or permit. 

If after the completion of the project works there are any 
deviations in location from those shown upon the original 
maps or approved amendments thereof, additional maps, pre- 
pared in the manner prescribed for original maps of location, 
and showing the extent of such deviations and the final loca- 
tions of such project works, will be required to be filed within 
six months after the completion of the project works. Also 
upon the completion of the project works detailed working 
plans will be required of the works as constructed, except 
such parts as have been constructed in compliance with plans 
originally filed or approved amendments thereof. Such new 
or additional plans may be originals on tracing linen or Van- 
dyke negatives of the permittee's own working plans. The 
plans of conduits, dams, and appurtenant structures must be 
complete; of power houses, only general layout plans will be 
required. » 

REG. L-16. An extension of the periods stipulated in the 
permit for beginning or completing construction and for be- 
ginning operation will be granted only on the written approval 
of the officer executing the same after a showing by the per- 
mittee satisfactory to such officer that beginning or complet- 
ing construction or operation has been prevented by engineer- 
ing difficulties that could not reasonably have been foreseen 
or by other special and peculiar cause beyond the control of 
the permittee. 

REG. L-17. Permission to occupy and use National Forest 
lands may be transferred to a new permittee under the fol- 
lowing conditions and not otherwise: The proposed transferee 
shall file with the district forester of the district in which the 
lands under permit are situated the decree, execution of judg- 
ment, will, contract of sale, or other written instrument upon 
which the proposed transfer is based, or a properly certified 
copy thereof, also a written application for the transfer. A 
stipulation binding the proposed transferee to the perform- 
ance of such of the old conditions and of such new and addi- 
tional conditions as the Secretary may deem necessary will be 
prepared and submitted to the proposed transferee for exe- 
cution and return to the district forester; and thereupon, if 
the Secretary approves of the transfer and issues a new per- 
mit, the transferee shall succeed to the rights and obligations 
of the original permittee, subject, however, to such new and 



30 

additional conditions as shall have been embodied in said 
stipulation and permit. 

REG. L-18. If any person shall make a false engineer's affi- 
davit under these regulations, the Secretary may order that 
no map, field notes, plan, or estimate made by such person 
shall be received or filed while the order is in force. If any 
person or corporation for himself or itself, or as the attorney, 
agent, or employee of another, shall offer or file any false 
engineer's affidavit, knowing the same to be false, the Secre- 
tary may order that no application for a power permit shall be 
filed by or received from the person or corporation so offend- 
ing, either in his or its own behalf or as attorney, agent, or 
employee of another, and that no power permit shall be 
issued to such person or corporation while the order is in 
force. 

REG. L-19. Violation by a final permittee of any of the 
provisions of these regulations, or of any of the conditions of 
a stipulation executed by him or of a permit issued to him 
thereunder, shall be sufficient ground for revocation of such 
permit. 

No final permit will be deemed to be terminated except upon 
formal revocation thereof by the Secretary and until the per- 
mittee shall have had a reasonable time — not to exceed 90 
days — within which to show cause why such revocation should 
not be made. 

REG, L-20. Any power project under permit, or any part 
thereof, whether constructed or unconstructed, may be aban- 
doned by the permittee upon the written approval of the Sec- 
retary after a finding by the Secretary that such abandonment 
will not tend to prevent the subsequent development of such 
project or part thereof so abandoned, and after the fulfillment 
by the permittee of all the obligations under the stipulation 
and permit, in respect to payment or otherwise, existing at 
the time of such approval. Upon such abandonment, after 
such approval thereof and fulfillment of existing obligations, 
so much of the stipulation and permit as relates to the aban- 
doned project or part of a project will be formally revoked by 
the Secretary. 

ACT OF MARCH 4, 1911.— RIGHTS OF WAY FOR TELEPHONE, TELE- 
GRAPH, AND POWER-TRANSMISSION LINES. 

REG. L-21. Rights of way over National Forest lands for 
telephone, telegraph, and power-transmission lines, under the 
act of March 4, 1911 (36 Stat., 1253), will be granted by the 
Secretary of Agriculture. 



31 

REG. L-22. All applications for rights of way over National 
Forest lands for power-transmission lines or for telephone or 
telegraph lines, under the said act of March 4, 1911, shall be 
filed with the district forester of the district in which the 
lands to be occupied are situated, except that such applications 
in the Territory of Alaska may be filed either with the district 
forester or with the supervisor of the National Forest in which 
the lands are situated. Applications shall consist of — 

(A) The items specified in Regulation L-9; 

(B) Field notes of survey in triplicate; 

(C) Maps of location on tracing linen in duplicate prepared 
in the manner prescribed for transmission lines in Regulation 
L-11. Each sheet of maps shall in addition be verified by an 
indorsement thereon in the following form: 

State of , 

County of , ss: 

, being: duly sworn, says that beginning on the 

day of , 19 , and ending on the day of , 19 , he 

surveyed for the location of a proposed 

line described as follows: (Here describe the line by termini and length), 
and that such survey is accurately represented upon this map and by the 
accompanying field notes. 



Surveyor. 
Sworn to and subscribed before me this day of , 19__. 

Each sheet of the map must have an application indorsed 
thereon in the following form: 

(Date) , 19__. 

of 

hereby applies, under the act of March 4, 1911 (36 Stat., 1253), and the 
regulations thereunder promulprated by the Secretary, United States Depart- 
ment of Agriculture, for a right of way for a line, 

the location of which is shown hereon. 



Applicant. 

REG. L-23. The grantee shall, unless otherwise ordered by 
the Secretary, pay annually in advance a rental charge of $5 
for each mile or fraction thereof of National Forest land 
crossed by power-transmission lines. 

REG. L-24. If the right of way applied for is for telephone 
or telegraph lines, no rentals will be charged, but the ap- 
plicant shall agree to furnish such facilities to forest officers 
and to permit such reasonable use of its poles or lines as may 
be determined upon between the applicant and the district 
forester at the time of filing the application. 

REG. L-25. The applicant shall file, together with the ap- 
plication, as required under Regulation L-22, a stipulation 
which will be prepared and submitted to him by the district 

7528°— 15 3 



32 

forester and which, upon its acceptance by the Secretary of 
Agriculture, shall constitute and express the conditions under 
which the grant will be made. Such stipulation shall ex- 
pressly bind the applicant: 

(A) To construct its lines upon the locations shown upon 
the maps submitted with its application and to complete such 
construction within two years from the date of the grant of 
the right of way. 

(B) That except when prevented by unavoidable accidents 
or contingencies the grantee will operate in good iaith and as 
continuously as may be possible under prevailing market 
requirements, or users' demands, the line or lines constructed, 
maintained, or operated in whole or in part under grant; 
will neither discontinue the operation of said lines nor re- 
duce the amount of power delivered or transmitted over any 
transmission line at such a time or in such a manner as to 
reduce the amount of electric energy required by the consum- 
ing public, or to increase the market price therefor, or to 
discriminate between consumers, or to prejudice the public 
interests; and, if there is discontinuance of operation of any 
line, or reduction in amount of power transmitted, for a 
continuous period of more than thirty (30) days or for an 
aggregate period of more than ninety (90) days in any 
calendar year, will notify the district forester of the fact of 
such discontinuance or reduction and of the reasons therefor. 

(C) To pay annually in advance such charges as may be 
fixed and required by the Secretary for power-transmission 
lines under these regulations. 

(D) On demand of the Secretary to install at such places 
and maintain in good operating condition in such manner as 
shall be approved by the Secretary accurate meters, or other 
devices approved by the Secretary, adequate for the de- 
termination of the amount of power delivered over transmis- 
sion lines under grant, or any part thereof; to keep accurate 
and sufficient records of the foregoing determinations to the 
satisfaction of the Secretary; and to make a return during 
January of each year, under oath, of such of the records of 
measurements for the year ended on December 31, preceding, 
made by or in the possession of the grantee, as may be re- 
quired by the Secretary. 

(E) That the books and records of the grantee, in so far as 
they contain information concerning the power-transmission 
lines under grant, or the power business conducted in con- 
nection therewith, shall be open at all times to the inspection 
and examination of the Secretary or other officer or agent 



33 

of the United States duly authorized to make such inspection 
and examination. 

(F) On demand of the Secretary to maintain a system of 
accounting of the entire power business, conducted in con- 
nection with the power-transmission lines under grant, in such 
form as the Secretary may prescribe or approve, which system 
as far as practicable will be uniform for all grantees, and to 
render annually such reports of the power business as the 
Secretary may direct: Provided, however. That if the laws 
of the State in which the power business or any part thereof 
is transacted require periodical reports from public-utility 
corporations under a uniform system of accounting, copies of 
such reports so made will be accepted, to the extent that they 
furnish the necessary information, as fulfilling the require- 
ments of this clause. 

(G) To protect all Government and other telephone, tele- 
graph, and power-transmission lines at crossings of and at 
all places in proximity to the grantee's telephone, telegraph, 
and power-transmission lines in a workmanlike manner, ac- 
cording to the usual standards of safety for construction, 
operation, and maintenance in such cases; and to maintain the 
telephone, telegraph, and power-transmission lines in such a 
manner as not to menace life or property. 

(H) To clear and keep clear National Forest lands along the 
right of way for such width and in such manner as forest 
officers may direct. 

(I) To dispose to the satisfaction of the forest officers of all 
brush, refuse, or unused timber on National Forest lands re- 
sulting from the construction, maintenance, and operation of 
its lines under the grant. 

(J) To do everything reasonably within the power of the 
grantee, and to require its employees, contractors, and em- 
ployees of contractors, both independently and on request of 
the forest officers, or other agents of the United States, to 
prevent and suppress fires on or near the lands occupied. 

(K) To pay the full value as fixed by the district forester 
for all timber cut, injured, or destroyed on National Forest 
lands in the construction, maintenance, and operation of the 
lines under grant. 

(L) To sell power to the United States when requested at 
as low a rate as is given to any other purchaser for a like use 
at the same time and under similar conditions, if the grantee 
can furnish the same to the United States without diminish- 
ing the quantity of power sold before such request to any 
other customer by a binding contract of sale: Provided, That 



34 

nothing in this clause shall be construed to require the grantee 
to increase permanent works or install additional generating 
machinery. 

(M) To abide by such reasonable regulation of the service 
rendered and to be rendered by the grantee, whether in re- 
spect to the furnishing or transmitting of power or to the 
transmitting of communications by telephone or telegraph, 
and of rates of payment therefor, as may from time to time 
be prescribed by the State or by any duly constituted agency 
of the State in which the service is rendered; but if such regu- 
lation with respect to the furnishing or transmitting of power 
is not exercised by the State, or by any duly constituted 
agency thereof, that the Secretary may upon the filing with 
him of formal complaint by the State, by a municipality, or by 
not less than twenty-five (25) customers or prospective cus- 
tomers of the grantee cause an inquiry to be made concerning 
the service or rate of payment complained of; and if it shall 
appear upon such inquiry that the service or the rate of pay- 
ment complained of is unreasonable, the Secretary may fix 
the character of the service and may name the rate of pay- 
ment which shall be rendered or charged. 

(N) That the lines to be constructed, maintained, and oper- 
ated under the grant shall not be owned, leased, trusteed, pos- 
sessed, or controlled by any device or in any manner so that 
they form part of or in any way effect any combination in the 
form of an unlawful trust, or form the subject of any unlaw- 
ful contract or conspiracy to limit the output of electric 
energy, or are in unlawful restraint of trade with foreign 
nations, or between two or more States, or within any one 
State, in the generation, sale, or distribution of electric 
energy or in the transmission of communications by telephone 
or telegraph. 

(O) That in respect to the regulation by any competent 
public authority of the service to be rendered by the grantee 
or of the price to be charged therefor, and in respect to any 
purchase or taking over of the works or business of the 
grantee, or any part thereof, by the United States or by any 
State within which the works are situated or business carried 
on, or by any municipal corporation of such State, no value 
whatsoever shall at any time be assigned to or claimed for 
the right of way granted, nor shall such right of way or grant 
ever be estimated or considered as property upon which the 
grantee shall be entitled to earn or receive any return, in- 
come, price, or compensation whatsoever. 

REG. L-26. The grantee shall not assign or transfer to any 
other person or corporation whatsoever the right of way 



35 

granted, except with the approval in writing first obtained 
from the Secretary of Agriculture, or other proper officer of 
the United States, and upon terms and conditions prescribed 
in said written approval by said Secretary or other officer. 
The assignee or transferee under any such approval shall 
take and use the right of way subject to all terms and condi- 
tions in these regulations, together with the original approved 
application and grant set forth, and subject to such additional 
terms and conditions as may be provided by such written 
approval of the transfer. 

REG. L-27. During the progress of construction amend- 
ments to maps of location will be required from the grantee, 
if there is material deviation from the maps as originally 
filed, but no deviation or amendment will be allowed which 
will interfere with the occupancy and use of National Forest 
lands under existing permits or grants under any of the right- 
of-way acts of the United States. If after the completion of 
construction there are any deviations in location from those 
shown upon the original maps or approved amendments 
thereof, additional maps prepared in the manner prescribed 
for original maps of location must be filed within six months 
after the completion of construction. Such maps shall show 
the extent of such deviation and the final location of the tele- 
phone, telegraph, or power-transmission lines as constructed 
under the authority of the grant. 

REG. L-28. Grants of rights of way will be effective from 
the date on which the Secretary of Agriculture writes upon 
the face of the maps his approval thereof. 

REG. L-29. Upon breach by the grantee of any of the terms 
or conditions set forth in these regulations, or in the approved 
application, or in the grant, the United States may enforce 
appropriate remedy therefor by suit for specific performance, 
injunction, action for damages, or otherwise. And if any such 
breach shall be continued or repeated after 30 days' notice 
thereof given in behalf of the United States to the grantee, 
the right of way granttd, together with all rights thereunder 
and all rental charges and other moneys paid thereon, may be 
forfeited to the United States by a suit for that purpose in 
any court of competent jurisdiction. 



INSTRUCTIONS. 



APPLICATIONS UNDER ACT OF FEBRUARY 15. 1901 (31 STAT., 790). 
General Statement. 

By tlie act of February 15, 1901, the Secretary of tlie In- 
terior is authorized, under general regulations to be fixed by 
him, to permit the use of rights of way through the public lands, 
forests, and other reservations and certain national parks of 
the United States for conduits, reservoirs, power plants, tele- 
phone and telegraph lines, to be used for irrigation, mining, 
domestic purposes, etc., and for the production and transmission 
of electrical power. The right of way, to which permission to 
use is given, is restricted to the extent of the ground actually 
occupied by such plants, conduits, etc., and not to exceed 50 
feet on each side of the marginal limits thereof, or 50 feet on 
each side of the center lines of conduits or pole lines. The 
statute does not make a grant in the nature of an easement, 
but gives a permission or license, revocable at any time for 
breach of conditions. 

By the act of February 1, 1905, the Secretary of Agriculture 
is vested with jurisdiction to pass upon all applications under the 
act of February 15, 1901, for permission to occupy and use 
National Forest lands. 

Permission may be granted under the statute for rights of 
way through unsurveyed as well as surveyed lands. 

Every proper inducement is given for the utilization of power 
sites within the National Forests. Neither now nor in the past 
have they been reserved from use. To aid legitimate develop- 
ment and to protect the public welfare, public lands of the 
United States chiefly valuable for water power are from time 
to time withdrawn by the President from settlement, location, 
sale, or entry and are reserved for power purposes. By such 
withdrawals not only is the land retained in Government owner- 
ship, but the developer is protected against other and perhaps, 
subsequent claimants to the land. A modification of the power- 
site reserve may be secured wherever a power permit is ap- 
plied for in accordance with the regulations. 

(36) 



37 

To protect the interests of the public, and to prevent specu- 
lative holding of power sites by those who do not intend or are 
unable to develop, provision is made for the payment of a rental 
charge under the preliminary and final power permits (except 
under certain special conditions) and definite periods are speci- 
fied for the filing of the final application, beginning of construc- 
tion and of operation. It is the practice to allow as much 
time ns is requested by the applicant, except when it is evident 
that the periods are of unnecessary length or shorter periods 
should be given in order to properly protect the interests of 
the public. The rental charges are nominal in amount, the 
maximum under the most extreme conditions being about one- 
sixteenth of a cent per kilowatt hour. On the average the 
charge per kilowatt hour is much less than that amount on 
account of deductions allowed for nonforest land and because 
in many instances the site is actually developed far beyond the 
power capacity upon which the charges are based. By pro- 
viding a sliding scale of rates during the first 10 years of op- 
eration it is recognized that, except in unusual cases, several' 
years are required before the maximum capacity of the plant 
can be marketed, (See Regs. 1^7, L-S, and L-14 (B) and 
(C).) A rental is also charged for transmission rights of way- 
based "upon the length of National Forest land crossed by the 
transmission line. 

In order that the Interests of the consumers of the power 
may be protected, the power pei-mittee is required to abide by 
reasonable regulation of rates and of service by either the 
State or, if the State does not exercise such regulation, by the 
Secretary. (See Reg. L-14 (R).) 

The lands of the United States and permanent structures 
thereon are not subject to condemnation without authority of 
Congress, which authority has not been given. The procedure 
mentioned in Regulation L-14 (S) has therefore been provided 
in order that a State or municipality desiring to take over 
certain water-power properties on the National Forests may do 
so with the same facility and for the same purposes that such 
properties could be acquired if located wholly on private lands. 
The procedure which has been provided leaves the interests of 
the United States intact, while fully protecting the legitimate 
interests of the permittee and the transferee. In the stipula- 
tion the permittee contracts to surrender the permit, together 
with such part of the works dependent in whole or in part 
upon the continuance of the permit as has been determined 
upon by prior agreement. Such surrender will only be required 
under the limiting conditions described in Regulation 1^14 (S). 
In return the permittee receives the reasonable value of all 



38 

tangible property plus a bonus varying according to tbe length 
of the unexpired term of the permit. This bonus has been 
added in order that the property of a permittee may not be 
taken away before he has had an opportunity to earn the ex- 
pected returns, except upon the receipt of compensation in 
addition to the cost of the properties. The bonus amounts to 
about 35 per cent of the cost of such properties if taken over 
upon completion of construction. The reasonable value is to 
be determined by mutual agreement, if possible ; if not, by a 
board of arbitration of three members. The latter method 
of valuation has been provided because, in the absence of spe- 
cific authorization by Congress, jurisdiction in such proceedings 
can not be conferred upon the courts. 

An important function of the Federal Government in water- 
power regulation is the prevention of capitalization of the 
permit and of the occupancy and use of the public domain. 
This is accomplished by Regulation L-14 (T). 

Under the present regulations four forms of permit are 
granted: (1) Final permits for water-power projects of 100 
horsepower total capacity or less (computed in accordance 
with Regulation L-T) ; (2) final permits for transmission lines 
only; (3) final permits for power projects of more than 100 
horsepower total capacity; and (4) preliminary permits for 
projects of more than 100 horsepower total capacity. (See 
Reg. L-1.) 

Preliminary permits are issued to protect an applicant's 
priority against subsequent applicants until he has had an 
opportunity to study the proper location and design of the 
project and obtain the data necessary to the final application. 
Operation is allowed under final permit only. Except where it 
can be clearly shown that construction upon National Forest land 
is necessary in order to preserve the applicant's water appro- 
priation, no construction of the project works will be allowed 
under preliminary permit. 

If the applicant has determined the approximate final location 
and design of the project works, and has obtained the data 
specified in Regulation L-11, he should apply for a final permit. 
If such is not the case, he may apply either for a preliminary 
permit for a time sufficient for making the final application, 
or he may proceed without permit to get the necessary infor- 
mation. 

No permit is required for traveling, camping, or surveying 
within the National Forests. Oamp wood and forage for neces- 
sary stock may be taken without permit. Unnecessary cutting 
is prohibited. 



39 

In Begulations L-9 to L^12 are given the requirements for 
the four forms of permits granted under the act. The applica- 
tions for projects of 100 horsepower total capacity or less and 
for transmission lines are very simple in character; practically 
all the required data are necessary for determining the true 
location of the project or line and for the protection of the 
permittees against reapplication for the land by others. In 
applying for a preliminary power permit, there is required only 
a sketch map of location and certain other information indi- 
cating the project which the applicant has in mind, together 
with data of run-off when such data have been obtained and are 
accessible to the applicant; only when permission is requested 
to construct under the preliminary permit is evidence of water 
appropriation required. The final application for projects of 
more than 100 horsepower total capacity is more detailed in 
character. It is not the intention, however, to require any data 
that are not necessary and are not customarily obtained before 
beginning construction. Experience has shown that, except in 
unusual cases, applicants who really intend construction obtain 
not only the data mentioned in Regulation L^ll, but much 
more. 

If any national forest land is desired, the application should 
conform to the regulations in all respects. If in addition the 
proposed project includes lands of the United States outside of the 
National Forests, as well as those within, the regulations of the 
Department of the Interior require that applicants shall also 
submit to the local land office in the land district in which such 
lands are situated such maps and papers and copies thereof as 
are required by the regulations of that department. If the 
project will include lands of the United States wholly outside 
the National Forest, applications should be made to the local land 
office of the land district in which the lands are situated, in 
accordance with the regulations of the Department of the 
Interior. 

All applications for National Forest land under the act of 
February 15, 1901 (31 Stat, 790). for power projects and trans- 
mission lines should be filed with the district forester of the 
Forest Service district in which the lands are situated, with the 
exception of projects in Alaska, which may be filed either with 
the forest supervisor of the Forest in which the lands are situ- 
ated or with the district forester at Portland, Oreg. 

An application filed in error with the forester, supervisor, or 
ranger will be forwarded to the district forester concerned ; but 
with the exception of projects in Alaska, no priority will be 
obtained until the complete application is received by the 



40 

district forester. An applicant for National Forest land in 
Alaska will obtain a priority by filing a complete application 
with the district forester or with the forest supervisor of the 
Forest in which the lands are situated. 

Permits granted under the act may not be transferred except 
by following the procedure specified in Regulation L-17. 

Inquiries regarding the meaning of the regulations should be 
made of the district forester. 

Preliminary Applications and Permits for Power Projects of More Than 100 
Horsepower Total Capacity. 

Preliminary permits will be granted, amended, extended, or 
renewed by the Secretary only. Applications will be accepted 
and rejected (subject to appeal) by the district forester. 

Preliminary permits for power projects are granted in order 
to maintain a priority right for the applicant during a time 
sufl3cient for the preparation of the maps, plans, and other data 
required to be filed with the application for a final permit. It 
is not necessary in order to obtain a final permit for a proposed 
developer to obtain a preliminary permit, but the final permit 
may be applied for directly. (Reg. L-1.) 

The preliminary permit will be granted for a definite, limited 
period, which will vary according to the circumstances of the 
particular case, and will be only long enough to give a reason- 
able time for the preparation of the final application as pre- 
scribed in Regulation L-11. In general, the term of the pre- 
liminary permit will vary from six months to one year, but a 
longer period may be allowed if the circumstances warrant and 
the necessity for the longer period is clearly shown. 

It is not the intention that construction work on the project 
shall be carried on during the preliminary permit, and a suffi- 
cient allowance will be made in the final permit for the time 
necessary to financing the project and to the carrying on of 
work preliminary to the beginning of actual construction. 
Whenever the time prescribed by the State statutes within 
which construction must begin in order to maintain water 
rights is insufficient to enable the applicant to prepare a final 
application before beginning construction, a clause may be in- 
serted in the preliminary permit allowing such construction to 
proceed as is necessary to i^ermit compliance with the State 
law ; but in general such permission will be given only when 
there are no private lands within the project upon which such 
construction may proceed. 

Regulation 1^2 provides that applications will be filed with 
the district forester of the Forest Service district in which such 
lands are situated, or may also be filed with the forest super 



41 

visor if tlie projects are located in tlie Alaskan Forests. The 
application will be prepared in accordance with Regulations 
1^10 and L-9. and will consist of a tracing, the application in 
triplicate on Form 58, three copies of certain estimates and 
data, and, when permission to prosecute construction under the 
permit is requested, evidence of the applicant's right to all the 
water needed for the project. 

By filing an application which complies in all respects with 
the 'regulations a priority right for a final permit is obtained, 
provided the land applied for is not already covered by a prior 
application, valid claim, or permit. Successive preliminary per- 
mits may be issued for the same site, but each such permit will 
be subordinate to all outstanding prior preliminary and final 
permits, and no final application will be accepted until after loss 
of joriority by all prior permittees. (Reg. L-4.) 

Except under the conditions noted below, an annual charge 
based on the rental capacity of the site will be made during 
the term of the preliminary permit. No rental will be charged 
for transmission lines included in the preliminary permit for 
municipal use, for irrigation, or for logging operations in con- 
nection with purchases of National Forest timber; but no free 
use will be allowed unless the applicant files, a satisfactory 
showing that he is entitled to such privilege. No free permit 
for logging operations will be granted unless the timber-sale 
contract has been awarded to the power applicant. (See Reg. 
L-8.) 

After the application has been investigated by the district 
forester the applicant will be requested to make payment of 
the first year's rental charge, and will be allowed a stated 
period for making this payment. No preliminary permit will 
be granted until the applicant has made this deposit. Failure 
to make payment as requested by the district forester will 
result in loss of priority. (Reg. L-3.) 

Priority will also be lost if the rental payment is not made 
as prescribed in Regulation L-8, if the permit is revoked, or 
if the final application is not filed within the time specified in 
the prelminary permit. 

No extension of time for the filing of the final application 
will be granted except upon the written approval of the Secre- 
tary of Agriculture, after a satisfactory showing by the per- 
mittee of the reasons for such extension and after a report has 
been submitted by the district forester. (Reg. 1^3.) 

If the application is rejected, the applicant will be given a 
definite period by the district forester in which to appeal. If 
such appeal is not made, the case will be closed at the end of 
the allotted time. (Reg. L-i.) 



42 

The permit will terminate and be void without revocation at 
the expiration of the preliminary permit or on failure to make 
the annual rental payment, unless extensions have been granted 
by the Secretary. 

If for any reason priority Is lost, the applicant or permittee, 
or the successor thereto, will not be allowed to file any applica- 
tion for the same ground and for a like use within the period 
of one year after such loss of priority. 

Final Applications and Permits for Projects of More Than 100 Horsepower 
Total Capacitj'. 

Final applications will be accepted and, subject to appeal, 
rejected by the district forester. The Secretary alone will 
grant, amend, extend, renew, and revoke final power permits. 

By a final permit, occupancy and use of National Forest land is 
allowed. In general a permit of 50 years' duration is given, 
but a shorter period may be granted in special cases. In cer- 
tain special cases an indeterminate permit may be granted by 
the Secretary, which will be subject to the right of the United 
States, State, or municipality to purchase in the manner speci- 
fied by Regulation L-14 (S). This may be terminated for 
breach of ^ conditions (Reg. L-19) or in accordance Mith ex- 
isting law.* It will provide for periodic adjustment of its terms. 

The application should be prepared in accordance with Regu- 
lations L-9 and L-11 and should be filed with the district 
forester, or if the project is on National Forest land in Alaska, 
it may be filed with the forest supervisor. No priority will be 
initiated or maintained until every map or paper required by 
the two regulations has been filed in the manner prescribed. 
Mere sketches of structures will not be accepted as fulfilling 
the requirements of Regulation L-11 (E) , 1 (c) and 2(b). These 
should be actual dimension plans of structures designed for 
construction at the location proposed. A certain definite date 
is set in the stipulation before which actual construction of the 
project works must be commenced, therefore the time requested 
under Paragraph I of Regulation L-11 should be sufficient for 
making necessary financial arrangements and for completing 
such preliminary construction work (trails, roads, etc.) as must 
be done before actual construction of the project works can be 
commenced. ( See Regs. L-7 and L^14. ) If, in constructing the 
project material deviations are made from the plan as filed, 
new maps and plans must be filed and approved. (Reg. L-15.) 

If the applicant for a final permit holds a preliminary permit 
for the same lands, which permit has an earlier priority than 
any other permit, and makes a complete final application before 
the expiration of the preliminary permit, the priority date 



43 

secured by the preliminary application is maintained under tlie 
final application. 

The lines shown on the maps accompanying the final applica- 
tion will not be required to follow without change the lines as 
shown on the map accompanying the preliminary application, 
and the position and arrangement of conduits and power houses, 
as shown upon the map accompanying the preliminary applica- 
tion, may be changed if the detailed surveys preceding the final 
application show such change to be desirable ; but priority from 
the date of filing of the preliminary application will be allowed 
for only so much of the projects shown in the application for 
final power permit as is within the approximate limits of diver- 
sion and discharge, as shown in the application for the pre- 
liminary power permit. (Reg. L-3.) An application for a final 
permit will not be accepted unless it complies with Regulations 
Lf-9 and L^ll, or if the land applied for is held by a prior pre- 
liminary or final applicant or permittee. (See Regs, L-3 and 
L-4.) 

To maintain a priority established by a final application, the 
stipulation must be filed (Reg. L-13) and the rental charges 
paid before the date specified by the district forester. Priority 
will be lost if the permit is revoked. After loss of priority no 
application will be received from the permittee or his successor 
for the same lands for a like use for the period of one year. 
(See Reg. L-3.) No credits will be given for deposits of rentals 
made under preliminary or final permit until operation of the 
project works has been commenced. No credit will be given for 
payments made under preliminary permits if the final permit 
Is issued to other than the preliminary permittee. The rate at 
which the first payment under the final permit shall be levied 
will be 10 cents per horseiwwer per year if no preliminary 
permit for the same lands has been held by the final permittee. 
If the final permit succeeds a preliminary permit, the advanc- 
ing scale of the preliminary permit will continue in effect until 
the beginning of operation under the final permit. 

No rental charge will be made for primary transmission lines 
which are a part of a general power project included in the 
final power permit, or for any transmission, distribution, or 
service line which is used for municipal purposes, for irrigation, 
or for logging operations in connection with Forest Service 
timber sales. If the plant under permit is not to be used ex- 
clusively for one or more of the purposes named, the full sched- 
ule rental charge for any calendar year will be collected prior 
to the beginning of operations, and the proper credits given 
after operation begins, (See Reg. L-8.) 



44 

If the application is rejected, either on account of prior rights 
to the same ground or because inconsistent with tlie public 
interest (Reg. L-4), or for any other reason that appears good 
and sufficient, the applicant or preliminary permittee will be 
allowed a definite period by the district forester in which to 
appeal. If the appeal is not filed within the given period, the 
case will be closed. 

The permit may be revoked because of loss of water rights 
or of permission to engage in the power business, as outlined in 
Regulation L-5. 

The permit itself is not transferable, but the permission to 
occupy National Forest lands may be transferred under the con- 
ditions outlined in Regulation L-17. Prior to purchase or 
transfer of property under permit, the proposed successor 
should inquire of the district forester regarding any new and 
additional conditions that may be embodied in the new stipula- 
tion and permit. 

No part of a power project under permit may be abandoned 
and the remainder retained except upon permission of the Sec- 
retary and fulfillment of all obligations. 

No final permit will be terminated except upon formal revo- 
cation by the Secretary, and then only after a reasonable time 
has been allowed the permittee to show cause why such revoca- 
tion should not be made. 

Final Applications and Permits for Projects of 100 Horsepower Total 
Capacity or Less. 

Permits for the occupancy and use of power sites having a 
total capacity of 100 horsepower or less may be granted, 
amended, extended, and renewed by the district forester. The 
Secretary alone may revoke. (Reg. L-1.) No rental charge 
will be made for such permits. 

With the exception of the projects in the National Forests of 
Alaska, anplications will be filed with the district forester and 
must conform to the requirements of Regulation L-12. Applica- 
tion for Alaskan projects may be filed either with the district 
forester or with the supervisor of the Forest within which the 
project will be located. 

The data upon which priority of application is established is 
that upon which the last map or paper necessary to constitute 
a complete application as specified in the regulations is filed 
as above directed, provided there are no prior rights to the 
desired land. 

If the application for a permit, or for an extension or amend- 
ment thereof is denied by the district forester, sufficient oppor- 
tunity for appeal should be given the applicant. 



45 

The permits are of indeterminate length and are subject to 
revocation by the Secretary upon breach of conditions. (Reg. 
L-19. ) No revocation will be made until the permittee has had 
ample opportunity to show why such action should not be taken. 

The permits are not transferable. But in event of change of 
ownership of the properties on the National Forest land permis- 
sion to occupy such land may be transferred in accordance with 
the instructions in Regulation L-17. 

This form of permit is issued on the understanding that the 
total capacity of the site, computed in accordance with Regu- 
lation L-7, does not exceed 100 horsepower. Therefore, as one 
of the conditions of the permit, it will be provided that in 
event that the total capacity, by reason of amendments or 
changes in the plans, due to a greater available flow than the 
amount estimated at the time of granting the permit, or for 
any other reason, is found to exceed 100 horsepower, the per- 
mittee agrees to mnlve application under Regulation L-11 
for a new permit and to relinquish the free permit. 

Such other clauses of Regulation L-14 will be inserted on the 
Form 832, on which the permit is written, as are necessary and 
applicable to the case. 

Transmission-Line Applications and Permits. 

Permits for transmission lines will be granted, amended, ex- 
tended, and renewed (1) by the Secretary when such permit is 
supplemental to an existing permit for a power site of a total 
capacity exceeding 100 horsepower; (2) by the district forester 
when the line is to be used in connection with a power site 
(whether under permit or not) of a total capacity not exceeding 
100 horsepower or when the connected load upon the line will 
not exceed 100 horsepower: (3) in all other cases by the For- 
ester. The Secretary alone may revoke permits, and no revoca- 
tion will be made without giving the permittee opportunity to 
advance reasons showing why such action should not be taken. 

The transmission-line application may be included in the 
preliminary application for a power project of more than 100 
horsepower. Otherwise only final applications will be accepted. 

Unless the transmission line is made a part of or sup])le- 
mental to a final permit previously issued, the transmission- 
line permit will terminate at the expiration of 50 years from 
the date of issuance of the permit, unless otherwise stated in 
the permit. However, such permit will give the holder a prior 
right to apply for a new permit, provided not less than 2 nor 
more than 12 years before the expiration of the 50 years he 
indicates that such new permit is desired. (See Reg. L^.) 



46 

In the permit definite periods will be provided for the begin- 
ning and completion of construction and for the beginning of 
operation. No construction will be allowed prior to the grant- 
ing of the permit. 

The application for a transmission-line permit should be filed 
with the district forester (or with the forest supervisor If the 
land is in Alaslia). If it is to be used in connection with a 
power plant exceeding 100 horsepower in total capacity, it will 
be prepared in accordance with Regulation L-11 and Regulation 
L-9 and will consist of an application in triplicate on Form 60 ; 
maps of location of the size and scale specified in and prepared 
in accordance with Regulation L-11 (E) (4), together with the 
key map or the transmission-line system described in Regula- 
tion L-11 (E) (5) ; copies of field notes in triplicate, as pro- 
vided in Regulation L^ll (F) a statement of the time required 
for the beginning and completion of construction ; the engineer's 
aflidavit and applicant's certificate; a certified copy of the ar- 
ticles of incorporation or of association (if not already filed), 
and if the applicant be a company a list of the officers and 
directors, and if the company is to operate in a State other than 
that in which incorporated a certificate as specified in Regula- 
tion L-9 (B) (unless such papers are already on file). 

If the total capacity of the power site to which the line is to 
be connected, or if the connected load upon the line is 100 
horsepower or less, the application may be prepared in accord- 
ance with Regulations L-12 and L-9. Unless otherwise di- 
rected by the district forester such application will consist of 
(1) a tracing showing the location of the transmission line 
within Forest boundaries, (2) field notes of the survey in 
triplicate, (3) an application in triplicate on Form 60, (4) the 
papers required by Regulation L-9, 

No rental charge will be made for transmission lines when 
part of a power project of less than 100 horsepower or when 
they are to be used for municipal purposes or for irrigation or 
in connection with a timber sale or temporarily in the construc- 
tion of other works under permit or for primary transmission 
lines when part of a power project under permit. In all other 
cases, unless otherwise ordered by the Secretary, a rental charge 
will be made of $5 per annum for each mile of line or fraction 
thereof of National Forest land crossed by the line. (See 
Reg. L-8.) 

To maintain a priority established by the application, the 
stipulation must be filed and the rental charges paid before the 
Kiate specified by the district forester. Priority will be lost if 
the permit is revoked. 



47' 

Except when the line is to be made a part of an existing 
permit, the date of priority will be that upon which the last 
map or paper necessary to constitute a complete application as 
specified in the regulations is filed as directed, provided there 
are no prior rights to the desired land. 

After the rejection of an application for a permit or for an 
amendment or extension thereof opportunity will be given the 
applicant to appeal, but if such appeal is not filed within the 
time allowed by the district forester the decision will be final. 

The permits are not transferrable. In event of change of 
ownership the instructions in Regulation L-17 should be fol- 
lowed if a right to use the land is desired by the successor in 
interest. 

APPLICATIONS UNDER ACT OF MARCH 4, 1911 (36 STAT., 1253). 
Telephone, Telegraph, and Power-Transmission Lines. 

By the act of March 4, 1911 (36 Stat, 1253), the Secretary 
having jurisdiction over the land is authorized, under general 
regulations to be fixed by him, to grant an easement for rights 
of way for a period not exceeding 50 years from the date of 
issuance of the grant over public lands. National Forests, and 
reservations for poles and lines for telephone, telegraph, and 
electric-power transmission. The right of way is restricted, to 
a strip 20 feet on each side of the center line. It is also pro- 
vided that if any or all parts of the right of way covered by the 
grant is abandoned or is not used for a period of two years, the 
Secretary may declare the right forfeited. 

Applications under this act should be filed with the district 
forester of the Forest Service district in which the desired 
lands are situated, with the exception that if the project is 
located in Alaska application may be filed with the forest super- 
visor. If the desired right of way includes public lands under 
the jurisdiction of the Interior Department as well as National 
Forest lands, the regulations of the Department of the Interior 
require that a separate application in accordance with the regu- 
lations of that department be filed with the local land ofiice of 
the land district in which such lands are situated. 

Applications filed in error with the Forester, supervisor, or 
ranger will be forwarded to the district forester concerned. 
With the exception of projects in Alaska, no priority will be 
obtained until the complete application is received by the dis- 
trict forester. An applicant for National Forest land in 
Alaska will obtain a priority by filing a complete application 
with either the district forester or the forest supervisor. 

7528°— 15 4 



48 

While tlie maximum length of the grant is limited to 50 
years, shorter periods may be given. 

The application should conform to the requirements of Regu- 
lations L-11 and Lr-9, as amended by Regulation L-22 to include 
two tracings and an engineer's affidavit and applicant's certifi- 
cate on each tracing. The maps of location will be prepared as 
outlined in Regulation L-11 (E) (4) and the general directions 
of the regulation, and when the entire line can not be shown 
on a single sheet will also include the index map described in 
Regulation L-11 (E) (5). 

Unless otherwise ordered by the Secretary, a rental will be 
charged for National Forest land crossed by power-transmission 
lines. This will be paid prior to the granting of the right of 
way, but will cover the period of one year subsequent to the 
date of granting the easement. The annual payment will be $5 
for each mile of National Forest land crossed by the line and $5 
for each fraction of a mile. 

No rental will be charged for the telegraph and telephone 
rights of way, but certain conditions to the grant, specified in 
Regulation L-24, may be made. 

Prior to the issuance of the grant the applicant will sign a 
stipulation which will be presented to him by the district 
forester, and which will in general conform to Regulation L-25. 
No construction w^ork will be allowed until after the issuance 
of the grant. A definite period will be stipulated for the com- 
pletion of construction. 

Although the Secretary by the terms of the act may declare 
the grant forfeited if the rights of way are abandoned or not 
used for a period of two years, forfeiture for failure to comply 
with the terms of the grant requires judicial proceedings. 



FORMS. 

Form 58. (Revised July 1, 1915.) 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 
[Designation to be inserted by district forester.] 

Application for Preliminary Power Permit. 



a corporation organized and existing under and by virtue of the 
laws of the State of 

and having its office and principal place of business at , 

in the State of 

* 

citizen of the United States and resident of the 

State of , 

do hereby make application for a preliminary power permit 

for months, covering certain lands of the United 

States within the National Forest in the 

State of , as such lands are approximately 

shown upon a certain map executed by , on 

the day of 191__, which map is filed herewith 

and made a part hereof. This application is made in order that 
the applicant-- may, upon the filing of a complete and final 
application, in accordance w^ith the regulations of the Secretary 
of Agriculture, secure a priority for said final application from 
the date of the filing of this preliminary application. 

(Space for insertion of request for construction work if necessary to 
maintain water rights.) 

In witness whereof, the applicant ha caused this instru- 
ment to be executed this day of , 191__. 

[seal of corporation.] 



Attest: , 

Sccrctai^y. 

* Use lines 1-5 or 6-8. Cancel lines not used. 
(49) 



50 

When an application is made by an individual or an association of 
individuals, the following oath, serving as an affidavit of citizenship, 
will be taken. 

Subscribed and sworn to before me this day of , 

191__. 

[seal.] , 

Notary PiiNic 

Note. — This form is to be used by the applicant in making applica- 
tion for a preliminary permit. Copies may be obtained upon appli- 
cation to the district forester at Missoula, Mont. ; Denver, Colo. ; Al- 
buquerque, N. Mex. ; Ogden, Utah ; San Francisco, Cal. ; Portland, 
Oreg. ; Washington, D. C. ; or the forest supervisor at Ketchikan, 
Alaska. After the blanks have been filled in, three copies should be 
filed as a part of the application. (Reg. L-IO.) 



Form 59. (Revised July 1, 1915.) 

UNITED STATES DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 

[Designation to be inserted by district forester.] 

Preliminary Power Permit. 

Wliereas, in accordance wittL tlie regulations issued under the 
act of February 15, 1901 (31 Stat., 790), by the Secretary of 

Agriculture (hereinafter called the "Secretary") 

(hereinafter called the "permittee"), filed with the district 

forester at on the day of 

191—, an application for a preliminary power permit, covering 

certain lands of the United States within the 

National Forest in the State of , as such 

lands are approximately shown upon a certain map contained 
in said application ; and 

Whereas, the permittee has paid the rental charges required 
by the aforesaid regulations as a condition precedent to the 
issuance of this permit : 

Now, therefore, the permittee is granted, subject to the pro- 
visions hereinafter set forth, priority for an application for a 
final power permit authorizing the occupancy and use of the 
aforesaid lands of the United States as more particularly de- 
scribed and shown upon a certain map executed by 

on the day of , 191__, which said map 

is hereby made a part of this permit, and the construction, 
maintenance, and operation thereon for the development, trans- 
mission, and, or, distribution of power, of 



51 

reservoirs, water conduits, 

power-house sites, and transmis- 
sion lines, all to be located approximately as shown on the 
aforesaid map. 

Akticle 1. If the permittee shall, on or before the day of 

, 191--, file with the district forester at 

__, In the manner prescribed by the regulations of the 

Secretary, a complete application for a final power permit 
(hereinafter called the ''final application"), covering the lands 
under this permit, then and thereupon the priority initiated by 
the application for this permit (hereinafter called the "pre- 
liminary application") shall be maintained by said final appli- 
cation and shall relate back and be effective as of the date of 
the preliminary application : Provided, however. That such 
priority shall be- maintained only in so far as the project or 
projects shown in said final application are within the approxi- 
mate limits of diversion and discharge as shown in the prelimi- 
nary application; and if in said final application the permittee 
shall include National Forest lands which comprehend develop- 
ments not included in the preliminary application, the priority 
of application for such additional lands shall date only from the 
date of the filing of said final application : And provided fur- 
ther, That the said final power permit will be issued only if it 
appears that the proposed occupancy and use will be in general 
accord with the most beneficial utilization of the resources in- 
volved and consistent with the public interest; and that no 
final power permit will be issued if the worlds to be constructed 
thereunder will unreasonably interfere with the construction or 
operation of works authorized by existing final power permits, 
or for the construction of works within an area covered by a 
prior preliminary permit until after the filing of final applica- 
tion or the loss of priority by the prior preliminary permittee. 

Art. 2. The priority granted and maintained by this permit 
will be lost if the final application is not filed upon the date 
specified in article 1 hereof, unless additional time shall have 
been allowed by the written authority of the Secretary upon a 
showing by the permittee, filed with the district forester prior 
to said date, that the filing of said final application has been 
prevented by unusual climatic conditions that could not reason- 
ably have been foreseen or by some special or peculiar cause 
beyond the control of the permittee. 

Akt. 3. The permittee shall pay annually in advance from the 
1st day of January, 191—, until the date of the granting of the 

aforesaid final permit, to the national 

bank of (United States depository), or 



52 

such other Government depository or officer as may hereafter be 
legally designated, to be placed to the credit of the United 
States, a charge for the priority rights granted under this 
permit, which charge shall be calculated from the "rental 
capacity of the power site," as defined in the regulations of the 
Secretary and as estimated at the time of granting this permit, 
at a rate which shall be ten (10) cents per horsepower per year 
for the first full calendar year under this permit, and which 
shall increase by ten (10) cents per horsepower per year for 
each year thereafter until the date of the granting of final 
permit as aforesaid. 

Art. 4. If any part of the aforesaid charge, payable as pro- 
vided in article 3 hereof, shall, after due notice has been given, 
be in arrears for sixty (60) days, then and thereupon the 
priority maintained by this permit shall be lost and this permit 
shall terminate and be void without revocation by the Secretary. 

Art. 5. If, upon the filing of the said final application, a final 
power permit is granted by the Secretary to the permittee to 
occupy and use the aforesaid lands for the construction, mainte- 
nance, and, or, operation of the aforesaid works, and in ac- 
cordance with the provisions of such final power permit the 
permittee completes the construction and begins the operation 
of the aforesaid works, all payments made In consideration of 
this permit will be credited to the permittee and be applied to 
the payment of charges due, or to become due after such begin- 
ning of operation, under such final power permit : Provided, how- 
ever, That if such final application provides for only a partial 
development of the power project or projects, as outlined in 
the preliminary application for, and as protected by, this per- 
mit, then only such proportional part of the aforesaid payments 
will be credited to the permittee as the amount of development 
provided for in said final application bears to the amount of 
development indicated in the preliminary application. If, how- 
ever, after the filing of the final application in the form and 
manner prescribed in the regulations of the Secretary, the Secre- 
tary does not grant a final power permit to the permittee, all 
payments made in consideration of this permit will be returned 
to the pennittee. 

Art. 6. If the priority maintained by this permit is lost, 
either in the manner specified in articles 2 or 4 hereof, or by 
revocation of this permit, no other application, either pre- 
liminary or final, for a like use (except for transmission lines), 
covering in whole or in part the lands under this permit or 
adjacent lands, will be accepted from the permittee until the 
expiration of one year after such loss of priority; and this 



53 

restriction shall extend to transferees of the permittee and, 
if the permittee is a corporation, to reincorporations represent- 
ing the same or associated interests, whenever in the judgment 
of the Secretary a transfer or reincorporation has been effected 
for the purpose or with the result of escaping the restriction of 
this article, it being the intent of such restriction to leave open 
to other applicants for a period of one year power sites upon 
which priorities have lapsed as herein provided. 

Art. 7.* This permit shall give no right to begin construction 
of any kind or to cut or destroy any timber upon National Forest 
lands, except such as may be necessary in the prosecution of 
examinations or surveys. 

Art. 7.* The permittee is hereby authorized to begin the con- 
struction of the following works : 

Art. 8.* This permit is subject to a 

power permit granted to on the day 

of , 19—, and having a priority date of , 

19-- ; also to 

Art. 9. This permit is nontransferable and is subject to all 
prior valid claims. 

In witness whereof, I have hereunto set my name this 

day of , 19—. 

Secretary of Agriculture. 

Note. — This form will not be used by the applicant. After being 
executed by the Secretary, the preliminary power permit in complete 
form will be forwarded to the applicant. 

* Cancel clauses not used. ' 



Form 60. (Revised July 1, 1915.) 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

[Designation to be inserted by district forester.] 

Application for Final Power Permit. 

* 

, 

a corporation organized and existing under and by virtue of the 

laws of the State of , 

and having its office and principal place of business at , 

in the State of 



54 



citizen of the United States and resident of the 

State of 

do hereby make application for a final power permit au- 
thorizing the occupancy and use of certains lands of the United 

States within the National Forest in the 

State of , and the construction, mainte- 
nance, and, or, operation thereon for the development, trans- 
mission, and distribution of power the following project works : 

(Cancel such of the four following items (a), (b), (c), and (d) as may 
not be applicable.) 

(a) 

(Masonry, earth, etc., diverting or storage.) 

dams approximately feet in maximum 

height and approximately feet in maxi- 
mum length, to form reservoirs to flood 

approximately acres at spillway level, 

respectively (t), in section 

meridian, of which approximately 

acres are National Forest land, said dams and 

said' reservoirs being designated, respectively, as follows: 

(&) water conduits approximately 

miles in length, respectively,* crossing sections 



meridian, of which approximately 

miles will cross National Forest land, said water 

conduits being designated, respectively, as follows 

(c) power houses and appurtenant struc- 
tures to occupy approximately acres, respec- 
tively,! in section 

meridian, of which approximately 

acres are National Forest land, said power houses 

being designated, respectively, as follows 



* Use lines 1-5 or 6-8. Cancel lines not used. 

t If surveyed, describe by section, township, and range. If unsur- 
veyed, substitute in paragraphs (a), (b), (c), and (d) the following: 
" located on certain lands described and shown by the maps and field 
notes accompanying the application filed with the district forester 
on the day of , 191-—" 



55 

(d) transmission lines 

miles in length, respectively,* crossing sections 

meridian, of which approximatelj- 

miles will cross National Forest land, said trans- 
mission lines being designated as follows 

All as approximately shown upon certain maps and plans sub- 
scribed and sworn to by 

on the day of , 191__, which maps and plans are 

filed together herewith and designated as follows 

(Designate each 

originafmair or plan as " Exhibit A," " Exhibit B," etc., following each 

such designation by the title of the map or plan, as " Exhibit A, Map 

of Location of, etc.," "Exhibit Plan of, etc.") 

which maps and plans, together with certain field notes, esti- 
mates, and data, evidence of water rights, articles of incorpora- 
tion, etc., designated, respectively, as " Exhibit ," " Exhibit 

," are hereby made a part of this 

application. 

This application is made in order that the applicant— may 
obtain the benefits of the act of Congress approved February 
15. 1901 (81 Stat., 790) ; and the use and occupancy of National 
Forest lands for which this application is made is desired in 
order to construct, maintain, and, or, operate thereon the afore- 
said project works for the purpose of developing power 

(Add use to 

which power is to be put and any other purpose for which land may be 

desired.) 

In witness whereof the applicant.. ha__ caused this instru- 
ment to be executed this day of 191__. 

[seal of corpoeation.] 



Attest: , 

Secretary. 

* See footnote on page 54. 



56 

When application is made by an individual or an association of 
individuals, the following oath, serving as an affidavit of citizenship, 
will be taken : 

Subscribed and sworn to before me this day of , 

191__. 

[seal.] , 

'Notary Public. 

Note. — This form is to be used by the applicant in making applica- 
tion for a flnal permit. Copies may be obtained upon application to 
the District Forester at Missoula, Mont. ; Denver, Colo. ; Albuquerque, 
N. Mex. ; Ogden, Utah ; San Francisco, Cal. ; Portland, Oreg. ; Washing- 
ton, D. C. ; or the Forest Supervisor at Ketchikan. Alaska. After the 
blanks have been filled in. three copies should be filed as a part of the 
application. (Eeg. Li-ll.) 



60a. (Revised Mar. 1, 1913.) 

UNITED STATES DEPARTMENT OF AGRICULTURE 
FOREST SERVICE 

Form of affidavit of engineer to accompany application for final 
power permit. 

State of , 

County of , ss: 

being duly sworn, 

says he is the engineer of (or the person employed to make the 
surveys, collect the data, make the estimates, and prepare the 

designs and plans by) the Company; 

that the survey of the water conduits, transmission lines, reser- 
voirs, and power-house sites as shown upon the maps filed to- 
gether herewith and described as follows: 

(Describe as in the application, Form 60.) 

being a total length of water conduit of miles, 

a total length of transmission lines of miles, 

a total area of reservoir site of acres, 

and a total area of power-house site of 

acres was made by him (or under his direction) under authority 

of said Company; that said 

survey was commenced on and completed on 

, 19__ ; that said survey represents the proposed 

final location of said water conduits, transmission lines, reser- 
voir sites, and power-house sites, and that said survey is 
accurately represented upon the maps herein described; he 
further says that the notes of survey filed together here- 
with as Exhibit are the notes of the above-described 

survey; that said notes are a true and complete copy of an 



57 

actual location survey made upon the ground by him (or under 
his direction) within the dates above named; and that all of 
said notes and no others were used in the preparation of the 
maps herein described ; he further says that the plans of struc- 
tures filed together herewith and described as follows: 

(Describe as in the application, Form 60.) 

were prepared by him (or under his direction) under authority 

of said Company; that the designs as 

shown upon said plans represent safe, proper, and adequate 
structures for the full economic utilization of the power avail- 
able for development at the location shown upon the maps 
herein described; and he further says that the data and esti- 
mates filed together herewith as Exhibit were prepared by 

him (or under his direction) under authority of said 

Company; that the estimates shown in said Ex- 
hibit are based upon the said data, being all the data 

available therefor; and that said estimates represent, in his 
best judgment and belief, the amount of power that can be de- 
veloped, under the condition specified, by the worlis shown upon 
the maps and plans herein described. 

Engineer. 

Subscribed and sworn to before me this day of ^ 

191__. 
[seal.] 



Xotanj Public. 

Note. — This affidavit form is not to be placed upon map, plans, or 

other exhibits, but is to be typewritten and filed as " Exhibit " 

of the application. See Resulations L^ll (.J). If the above-described 
work has been done by or under the direction of more than one engi- 
neer, each should subscribe to an affidavit covering the part of the work 
for which he is responsible. 



60b. (Revised Mar. 1, 3 91.3.) 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

Form of certificate of applicant to accompany application for 
final poicer permit. 
I, , do hereby cer- 
tify that I am the of the 

Company; that who. 



58 

subscribed (respectively) to the foregoing affidavit--, is (are) 

the engineer of (said company) (the person employed by 

said company to do the work evidenced on the (respective) 

affidavit ) ; that the survey of the water conduits, transmission 

lines, reservoirs, and power-house sites as shown upon the 
maps filed together herewith and designated as follows 

(Designate as in aflldavit.) 

the notes of survey as given in " Exhibit ," filed together 

herewith, the designs of structures as shown upon the plans 
filed together herewith and designated as follows 

(Designate as in aflBdavit.) 

the collection of data and the estimates of power as given in 
" Exhibit ," filed together herewith, were made under au- 
thority of said (company) ; that said (company) is fully author- 
ized by its articles of incorporation to construct, maintain, and 
operate water conduits, transmission lines, dams, reservoirs, 
and power houses upon the location shown upon the above- 
described maps, and of the design shown upon the above- 
described plans ; that said locations and said designs have been 
adopted by said (company) as the approximate final locations 
and the approximate final designs of said water conduits, trans- 
mission lines, dams, reservoirs, and power houses ; that said 

estimates as shown by said " Exhibit " have been approved 

by said (company) ; and that, in accordance with the regulations 
of the Secretary of Agriculture, the maps, plans, estimates, 
and data herein described have been prepared as a part of an 

application of said (company) dated ____, 191 __, and 

bearing my signature (as of said com- 
pany). 

[seal of company.] , 

of the Company. 

Attest : 



Secretary. 

Note. — This certificate form is not to be placed upon map, plans, or 

other exhibits, but is to be typewritten and filed as " Exhibit " of 

the application. See Regulations L— 11 (J). 



59 

Form 61. (Revised July 1, 1915.) 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 
[Designation to be inserted by district forester.] 

Power Stipulation. 

Whereas, in accordance with the regulations issued under the 
act of February 15, 1901 (31 Stat, 790), by the Secretary of 

Agriculture, 

filed with the district forester at on the 

day of , 191 , an application for a final ix)wer 

permit authorizing the occupancy and use of certain lands of 

the United States within the National 

Forest in the State of , and the construc- 
tion, maintenance, and, or, operation thereon of certain project 
works for the development, transmission, and distribution of 
power, said lands and said project works being described and 
shown by the maps, field notes, plans, estimates, and data con- 
tained in said application : 

Now, therefore, in consideration of and as a prerequisite to 
the granting of the aforesaid permit, the permittee stipulates 
and agrees as follows, to wit : 

DEFINITION OF TERMS. 

Article 1. That the following terms wherever used in this 
stipulation shall have the meanings hereby in this article 
assigned to them, viz : 

"Permittee" means 

a corporation organized and existing under and by virtue of the 

laws of the State of , and having its office 

and principal place of business at in the 

State of 

" Secretary " means the Secretary of Agriculture of the United 
States of America, or his successor, or his duly authorized 
representative, or such other officer or agent of the United 
States as may be legally designated. 

" National Forest lands " means lands of the United States 
reserved, acquired, and, or, held for National Forest purposes. 

" Permit," as used in this stipulation, means the final power 
permit, application for which has been filed as aforesaid, in 
accordance with the regulations of the Secretary under the act 



60 

of February 15, 1901 (31 Stat., 790), and tlie permit in con- 
sideration of which this stipulation is filed with the district 
forester. 

" Municipal purposes " means and includes all purposes within 
municipal powers as defined by. the charter of the municipal 
corporation, where any such purpose is directly pursued by the 
municipal corporation itself with the primary object of promot- 
ing the security, health, good government, or general conven- 
ience of its inhabitants. 

" Power business " means the entire business of the permittee 
in the generation, distribution, and delivery of power by means 
of any one power system, together with all works and tangible 
property involved therein, including freeholds and leaseholds in 
real property. 

" Power system " means all interconnected plants and works 
for the generation, distribution, and delivery of power. 

" Power project " means a complete unit of power develop- 
ment, consisting of a power house, conduit or conduits conduct- 
ing water thereto, all storage or diverting of fore-bay reservoirs 
used in connection therewith, the transmission line delivering 
power therefrom, any other miscellaneous structures used in 
connection with said unit or any part thereof, and all lands the 
occupancy and use of which are necessary or appropriate in the 
development of power in said unit. 

" Project works " means the physical structures of a power 
project. 

" Construction of the project works " means the actual con- 
struction of dams, water conduits, power houses, transmission 
lines, or some permanent structure necessary to the operation 
of the complete power project, and does not include surveys or 
the building of roads and trails, or the clearing of reservoir 
sites or other lands to be occupied, or the performance of any 
work preliminary to the actual construction of the permanent 
project works. 

"Primary transmission line" means the main line or lines 
over which power is delivered from a power house, or generat- 
ing station, at the voltage of the high-tension side of the station 
transformers. 

" Distance of primary transmission " means the distance 
measured along the primary transmission line from the power 
house to the point of first reduction in line voltage by means of 
transformers. 

" Operation period " means the period covered by final per- 
mit subsequent to the actual beginning of operation. 

" Survey-construction period " means the period covered by 
preliminary and final permits prior to the operation period. 



61 

" Nominal stream flow " means the sum of (a) tlie flow deter- 
mined by averaging tlie values estimated for tlie natural mean 
flow for the two-month (calendar) minimum-flow period in each 
successive five-year period or major fraction thereof, and (&) 
the stream flow made available from storage by project works 
not under the permit. 

" Load factor " means the ratio of average power output to 
maximum power output. 

"Total capacity of the power site" means the continued 
product of (1) the factor O.OS ; "^ (2) the average effective head 
in feet; (3) the stream flow estimated to be available at the 
intake (in second-feet and in amount not to exceed the maxi- 
mum hydraulic capacity of the project works) considered as 
the sum of (a) the nominal stream flow and (6) stream flow 
made available from storage by project works under the per- 
mit; and (4) a factor, not less than the average load factor of 
the power system, representing tlie degree of practicable utili- 
zation of the stream flow estimated to be available, and based 
on the extent of fore-bay storage and the load of the power 
system. 

"Rental capacity of the power site" means the capacity on 
which the rental charges are based. Unless otherwise ordered 
by the Secretary, it will be determined by making the following 
deductions from the total capacity of the power site : 

(a) Whenever power projects include water-conduit or intake 
reservoir sites not wholly on National Forest lands, a deduction 
will be made from that part of the total capacity of the power 
site which is due to the use of the nominal stream flow. This 
deduction will be, in per cent, the sum of (1) the product of the 
proportion of the average effective head obtained from the dam 
by the per cent of submerged lands below the flow line fixed by 
the average efi'ective head that are not National Forest lands, 
and (2) the product of the proportion of the average effective 
head obtained from the water conduit by the per cent of the 
length of said conduit which is not located on National Forest 
lands. 

(6) Whenever power projects include reservoir sites not 
wholly on National Forest lands, a deduction will be made from 
that part of the total capacity of the power site which is due to 
the use of stream flow made available from storage by the 
project works under the permit. This deduction will be the 
per cent of the total area of the reservoir sites that is not 
National Forest land. 

1 The factor 0.08 represents the horsepower at 70 per cent efficiency 
of a second-foot of water falling through a head of 1 foot. 



62 

(c) From tlie total capacity of tlie power site which remains 
after deductions (a) and (b) have been made may be made a 
further deduction, which, in per cent, shall be the product of 
the square of the distance of primary transmission in miles and 
the factor 0.001, but in no case will deduction (c) exceed 25 
per cent. 

AMENDMENT OF MAPS AND PLANS. 

Art. 2. To construct its project works on the location shown 
upon and in accordance witii the maps and plans contained in 
the aforesaid application, which said maps and plans are hereby 
made a part of this stipulation, and to make no material devia- 
tion from said location or from said plans unless and until 
maps or plans showing such deviation shall have been submitted 
to the district forester and approved by the Secretary. 

Art. 3. To file, within six (6) months after the completion of 
each part of the project works, as required in article 5 hereof, 
in the manner prescribed for original maps of location, maps 
showing the final location of each part of the project works as 
constructed, if such final location varies from that shown upon 
maps originally filed or upon approved amendments thereof; 
and to file also within six (6) months of the completion of 
each part of the project works as aforesaid, in such manner 
as may be prescribed by the Secretary, detailed working plans 
of each part of the project works as constructed, except of such 
parts as have been constructed in compliance with the plans 
originally filed or approved amendments thereof. 

BEGINNING AND COMPLETION OF CONSTRUCTION AND BEGINNING OF 
OPERATION. 

Art. 4.* To begin the construction of the aforesaid project 
works on or before , and thereafter dili- 
gently and continuously to prosecute such construction, unless 
such construction is temporarily interrupted by climatic con- 
ditions or by some si^ecial or peculiar cause beyond the control 
of the permittee. 

Art. 4.* To begin the construction of the following several 
parts of the aforesaid project works on or before the several 
dates in this article specified, and thereafter diligently and 
continuously to prosecute such construction, unless such con- 
struction is temporarly interrupted by climatic conditions or by 
some special or peculiar cause beyond the control of the per- 
mittee. 

(1) On or before , Part I, consisting of 



63 

Art. 5.* To complete the construction and begin the operation 
of the aforesaid project works on or before 

Art. 5.* To complete the construction and begin the operation 
of the following several parts of the aforesaid project works on 
or before the several dates in this article specified. 

(1) On or before , Part I, consisting of 

Art. 6. That it is understood, if upon any one of the dates 
specified in article 4 hereof, unless the time is extended by the 
written approval of the Secretary, after showing by the per- 
mittee satisfactory to the Secretary, and filed with the district 
forester prior to said date, that such beginning of construction 
of that part of the project works required to have been begun 
on the specified date has been prevented by engineering diffi- 
culties that could not reasonably have been foreseen, or by 
other special and peculiar cause beyond the control of the per- 
mittee, that thereupon the permission to occupy and use National 
Forest lands for all parts of said project works the construction 
of which has not been begun on said date shall terminate and 
become void ; and that the permit, in so far as such parts of 
said project works are concerned, shall become of no effect. 

Art. 7. That it is understood that the dates specified in article 
5 hereof for the completion of construction and the beginning of 
operation of the several parts of the project works will be ex- 
tended only on the written approval of the Secretary, after a 
showing by the permittee satisfactory to the Secretary that the 
completion of construction and beginning of operation has been 
prevented by engineering difficulties that could not reasonably 
have been foreseen, or by other special and peculiar cause 
beyond the control of the permittee; and if such extension be 
not approved, that thereupon the permission to occupy and use 
National Forest lands for such parts of said project works shall 
terminate and become void ; and that the permit, in so far only as 
such parts of said project works are concerned, shall become of 
no effect. 

Art. 8. That except when prevented by unavoidable accidents 
or contingencies, the peiTuittee will, after the completion of 
construction as required in article 5 hereof, operate in good 
faith and as continuously as may be possible under prevailing 
market requirements, the project works constructed, and, or, 

* Use the first form of articles 4 and 5 when but one complete power 
project is to be constructed and it is inadvisable to separate it into two 
or more units of construction. When several distinct power projects 
are involved, or where it may be desirable to divide a single power 
project into two or more units of construction, use the second form of 
articles 4 and 5. Cancel form not used. 
7528°— 15 5 



64 

maintained, in whole or in part under tlie permit ; that the per- 
mittee will neither discontinue the operation of said project 
works nor reduce the amount of power developed or trans- 
mitted by the same at such a time or in such a manner as to 
reduce the output of electric energy required by the consuming 
public, or to increase the market price therefor, or to discrimi- 
nate between consumers, or to prejudice the public interests; 
and that if there is discontinuance of operation or reduction in 
amount of power generated or transmitted for a continuous 
period of more than thirty (30) days or for an aggregate period 
of more than ninety (90) days in any calendar year, the per- 
mittee will notify the district forester of the fact of such dis- 
continuance or reduction and of the reasons therefor. 

CAPACITIES OF POWER SITE. 

Art. 9, That the total capacity of the power site, permission 
for the occupancy and use of which, in whole or in part, has been 
applied for, shall, for the purposes of this stipulation, be deemed 
and taken to be horsepower, distributed as follows: 

and that the part of the aforesaid total cajDacity which is due 
to the use of the nominal stream flow shall, for the purposes of 
this stipulation, be deemed and taken to be horse- 
power, distributed as follows: 

and that the part of the aforesaid total capacity which is due 
to the use of stream flow made available from storage by the 
project works under the permit shall, for the purposes of this 

stipulation, be deemed and taken to be horsepower, 

distributed as follows: 

it heing understood that if any approved alteration or amend- 
ment of any map or plan, as provided for in article 2 and article 
3 hereof, or any permanent change in the nominal stream flow, 
due to storage or otherwise, shall result in an increase or de- 
crease in the total capacity of the power site, or of either part 
thereof, or of both, as said capacities are hereinbefore taken, 
said increased or decreased power capacities shall, from the 
beginning of the calendar year next succeeding the date of such 
approval, or of such change in nominal stream flow, be deemed 
and taken to be, for the purposes of this stipulation, the capaci- 
ties of the power site occupied and used, in whole or in part, 
under the permit; and it heing further understood that if at 



65 

any time not less than ten (10) years after the original or after 
the last preceding determination of the said total capacity of the 
power site, or of either part thereof, or of both, either the per- 
mittee or the Secretary on the ground of the inaccuracy, in- 
sufficiency, or inapplicability of the data upon which said origi- 
nal or said last preceding determination of said capacities was 
made, shall apply for or give notice of review of said original 
or said last preceding determination, then and thereupon such 
review shall be taken by the Secretary and a redetermination 
of the capacities shall be made, and the said redetermined 
capacities shall, for the purposes of this stipulation, and from 
the beginning of the next calendar year, be deemed and taken to 
be the capacities of the power site occupied and used in whole 
or in part under the permit. 

RENTAL CHAEGES. 

Art. 10. To pay annually in advance from the 1st day of Jan- 
uary, 191—, to the National Bank of 

(United States depository), or such other 

Government depository or officer as may be hereafter legally 
designated, to be placed to the credit of the United States, a 
rental charge for the occupancy and use of the lands of the 
United States described and shown upon the maps hereinbefore 
referred to, which rental charge shall be calculated from the 
" rental capacity of the power site," as defined in article 1 
hereof, at the following rates per horsepower per year : 

For the unexpired portion of the calendar year and for the first 
full calendar year of the survey-construction period, and simi- 
larly for the operation period $0. 10 

For the second full calendar year of each of said periods . 20 

For the third year . 30 

For the fourth year . 40 

For the fifth year .50 

For the sixth year . 60 

For the seventh year . 70 

For the eighth year . 80 

For the ninth year . 90 

For the tenth and each succeeding year 1. 00 

it 'being understood that said estimated rental capacity may 
be adjusted annually by the Secretary to provide for changes 
in ownership of lands in reservoir sites and on water-conduit 
lines and for changes in length of primary transmission ; and 
it being further understood that at any time not less than ten 
(10) years after the issuance of the permit, or after the last 



66 

revision of rates of rental charge thereunder the Secretary- 
may review such rental rates and impose such new rental rates 
as he may decide to be reasonable and proper : Provided, That 
such rental rates shall not be so increased as to reduce the 
margin of income (including appreciation in land values) from 
the power project or projects under the permit over proper 
actual and estimated expenses (including reasonable allowance 
for renewals and sinking-fund charges) to an amount which, in 
view of all the circumstances (including fair development ex- 
penses and worliing capital) and risks of the enterprise (includ- 
ing obsolescence, inadequacy, and supersession), is unreason- 
ably small; but the burden of proving such unreasonableness 
shall rest upon the permittee. 

Art. 11. That it is understood, if the permittee completes the 
construction and begins the operation of each of the several 
parts of the aforesaid project works within the periods pro- 
vided for in article 5 hereof or any approved extension thereof, 
that then and thereupon all payments for the occupancy and 
use of National Forest lands for said part of said project works 
so completed and operated which have been made for the survey- 
construction period will be credited to the permittee for the can- 
cellation of charges as they become due in the operation period. 

Art. 12. That it is understood, if any part of the power devel- 
oped by the project works under the permit is used by the per- 
mittee itself for irrigation as auxiliary to irrigation works 
owned and operated by the permittee, for logging operations in 
connection with the purchase by the permittee of National 
Forest timber under a timber-sale agreement or for the manu- 
facture into a merchantable product by the permittee of such 
timber so purchased, or for the temporary development of power 
to be used in the construction of permanent project works under 
permit issued to the permittee, that upon application by the 
permittee, accompanied by a showing of fact satisfactory to the 
Secretary, such a proportional part of the full schedule charge 
for any calendar year will be credited to the permittee as the 
power developed by the project works and used for the purposes 
above named bears to the total output of the project works for 
said year; and that any amount so credited will be applied to 
the cancellation of charges as they may thereafter become due. 

Art. 13. That it is understood, if any part of the aforesaid 
rental charge, payable as hereinbefore provided, shall, after due 
notice has been given, be in arrears for ninety (90) days, that 
then and thereupon the permit shall be subject to revocation 
by the Secretary. 



67 

Art. 14. That the decision of the Secretary shall be final as 
to all matters of fact upon which the calculation of the capaci- 
ties or rental charges depends. 

RECORDS AND ACCOUNTS. 

Art. 15. To install and maintain in good operating condition at 

such electric meters and at 

such weirs, gauges, or other water-measuring device, 

as shall be approved by the Secretary, free of all expense to 
the United States ; to keep accurate and sufficient records of all 
measurements and of all meter or other readings and records to 
the satisfaction of the Secretary ; and to make a return during 
January of each year, under oath, of such of the records of 
measurements for the year ending on December 31 preceding, 
made by or in the possession of the permittee, as may be re- 
quired by the Secretary. 

Art. 16. That the books and records of the permittee in so far 
as they contain information concerning the power project or 
projects under permit, or the power business conducted in con- 
nection therewith, shall be open at all times to the inspection 
and examination of the Secretary. 

Art. 17. On demand of the Secretary, to maintain in such form 
as the Secretary may prescribe or approve, a system of account- 
ing of the entire power business conducted in connection with 
the power project or projects under the permit, and to render 
annually such reports of said power business as the Secretary 
may direct : Provided, lioioever, That if the laws of the State 
In which the said power business or any part thereof is trans- 
acted require periodical reports from public-utility corporations 
under a uniform system of accounting, copies of such reports so 
made will be accepted, to the extent that they furnish the 
necessary information, as fulfilling the requirements of this 
article. 

MISCELLANEOUS REQUIREMENTS. 

Art. 18. To protect all Government and other telephone, tele- 
graph, and power-transmission lines at crossings of and at all 
places in proximity to the permittee's transmission lines in a 
workmanlike manner, according to the usual standards of safety 
for construction, operation, and maintenance in such cases ; and 
to maintain said transmission lines in such manner as not to 
menace life or property. 

Art. 19. To clear and keep clear all lands of the power project 
for such width and in such manner as the Secretary may direct. 



68 

Aet. 20. To dispose of all brush, refuse, or unused timber on 
National Forest lands resulting from tbe construction, mainte- 
nance, and, or, operation of the project works as may be re- 
quired by the Secretary. 

Aet. 21. To build and repair roads and trails as required by 
the Secretary, whenever any existing roads or trails are de- 
stroyed or injured by the construction work or flooding under 
the permit; and to build and maintain necessary and suitable 
crossings for all roads and trails which intersect the water con- 
duit, if any, constructed, maintained, and, or, operated under 
the permit. 

Art. 22. To do everything reasonably within its power and to 
require its employees, contractors, and employees of contractors 
to do everything reasonably within their power, both inde- 
pendently and upon request of the forest officers, or other agents 
of the United States, to prevent and suppress fires on or near 
the lands to be occupied under the permit. 

Art. 23. To pay in advance to the United States depository 
or officer as above set forth in article 10 hereof, to be placed to 
the credit of the United States, the full value, as fixed by the 
Secretary, of all timber cut, injured, or destroyed on National 
Forest lands in the construction, maintenance, and, or, operation 
of the project works. 

Art. 24. To pay, on demand of the Secretary, to the United 
States depository or officer, as above set forth in article 10 
hereof, to be placed to the credit of the United States, full value 
for all damage to the lands or other property of the United 
States resulting from the breaking of, or the overflowing, leak- 
ing, or seeping of water from the project works constructed, 
maintained, and, or, operated under the permit, and for all 
other damage to the lands or other property of the United 
States caused by the neglect of the permittee or of the em- 
ployees, contractors, or employees of the contractors of the 
permittee. 

Art. 25. To permit the use of any reservoir for the temporary 
storage or for the transportation of logs, ties, poles, or lumber ; 
and, upon demand of the Secretary, to construct, maintain, and 
operate a logway or other device approved by the Secretary 
and suitable for the passage of such logs, ties, poles, or lumber 
over or around any dam without undue hindrance or delay; 
and, unless otherwise approved by the Secretary, to furnish free 
of cost to users of such logway or other device the machinery 
and the power necessary for the operation of such logway or 
other device: Provided, however, That the permittee shall not 



69 

be required to furnish any labor other than that necessary in 
the operation of the power machinery used in connection with 
such logway or other device : And provided further. That the use 
of said reservoir or of such logway or other device by owners 
of such logs, ties, poles, or lumber shall be under such rules 
and regulations adopted by the permittee as may be approved 
by the Secretary. 

Akt. 26. To sell power to the United States, when requested, 
at as low a rate as is given to any other purchaser for a like 
use at the same time and under similar conditions, if the per- 
mittee can furnish the same to the United States without dimin- 
ishing the quantity of power sold before such request to any 
other customer by a binding contract of sale: Provided, That 
nothing in this article shall be construed to require the per- 
mittee to increase its permanent worlds or to install additional 
generating machinery. 

Art. 27. To abide by such reasonable regulation of the service 
rendered and to be rendered by the permittee to consumers of 
power furnished or transmitted by the permittee, and of rates 
of payment therefor, as may from time to time be prescribed 
by the State or by any duly constituted agency of the State in 
which the service is rendered; but if such regulation is not 
exercised by the State or by any duly constituted agency 
thereof, the Secretary may, upon the filing with him of formal 
complaint by the State, by a municipality, or by not less than 
twenty-five (25) customers or prospective customers of the 
permittee, cause an inquiry to be made concerning the service or 
rate of payment complained of ; and if it shall appear upon such 
inquiry that the service or the rate of payment complained of 
is unreasonable, the Secretary may fix the character of the 
service and may name the rate of payment which shall be ren- 
dered or charged. 

Art. 28. That upon demand therefor in writing from the Sec- 
retary the permittee will surrender the permit to the United 
States or transfer the same to such State or municipal corpora- 
tion as the Secretary may designate, and on the conditions speci- 
fied in this article, and will give, grant, bargain, sell, and trans- 
fer with the permit (upon such demand and upon said condi- 
tions) the following-described works, equipment, structures, and 
other property: 

That the permittee will waive all right to demand or receive 
consequential damages for the severance of any of the property 
enumerated above and taken under the provisions of this article 



70 • 

from any property not taken. The Secretary may require such 
surrender if the United States shall desire to take over the per- 
mit and properties, or he may designate as such transferee any 
State or municipal corporation which shall desire such transfer : 
Provided, however, That no municipal corporation shall be so 
designated unless by proceedings in a court of competent juris- 
diction it shall have been determined that such a municipal 
corporation has the right to acquire such property: And pro- 
vided further, That no municipal corporation shall be so desig- 
nated unless it also has the power to acquire the said property 
and rights of the permittee in accordance with the following 
conditions. Such surrender or transfer shall be on condition 
precedent that the United States or such transferee shall first 
pay to the permittee the reasonable value of all said works, 
equipment, structures, and other tangible property and, In addi- 
tion thereto, a bonus of three-fourths of 1 per cent of such rea- 
sonable value for each full year of the unexpired term of the 
permit. Such reasonable value shall not include any sum for 
any permit, franchise, or right granted by the United States, 
by any State, or by any municipal corporation in excess of the 
amount (exclusive of any tax or annual charge) actually paid 
to the United States or to such State or municipal corporation 
as compensation for the granting of such permit, franchise, or 
right, or any sum for any other intangible properties or values 
whatsoever. It being the intent of this article that all such in- 
tangible values shall be covered by the bonus herein provided 
for. Such reasonable value shall be determined by mutual 
agreement between the parties in interest, and, in case they 
can not agree, by a board of arbitration of three members, one 
of whom shall be named by the permittee and one by the trans- 
feree; the third shall be either the Secretary or some repre- 
sentative whom he may name. The reasonable value, for the 
purposes of such determination, of such works, equipment, 
structures, and other tangible property shall be the actual and 
necessary cost thereof, or, if such original cost can not be deter- 
mined with reasonable certainty, shall be the cost of reproduc- 
tion of such works, equipment, structures, and other tangible 
property under substantially the same conditions as existed at 
the time of the original construction and at prices for labor 
and material which shall be the average of such prices for the 
five years next preceding the date of valuation, less a percent- 
age of such original or such reproduction cost equal to the per 
cent of physical and functional depreciation of the existing 
works, equipment, structures, and other tangible property. 



71 

Art. 29. That in respect to the regulation by any competent 
public authority of the service to be rendered by the permittee 
or of the price to be charged therefor, and in respect to any 
purchase or taking over of the properties or business of the 
permittee or any part thereof by the United States, or by any 
State within vrhich such properties are situated or business car- 
ried on, in whole or in part, or by any municipal corporation 
of such State, no value whatsoever shall at any time be as- 
signed to or claimed for the permit, or for the occupancy or use 
of National Forest lands granted thereunder, nor shall the 
permit or such occupancy and use ever be estimated or con- 
sidered as property npon which the permittee shall be entitled 
to earn or receive any return, income, price, or compensation 
whatsoever. 

Art. 30. That the works constructed or to be constructed, 
maintained, and, or, operated under the permit will not be 
owned, leased, trusteed, possessed, or controlled by any device 
or in any manner so that they form part of or in any way 
effect any combination in the form of an unlawful trust, or 
form the subject of any unlawful contract or conspiracy to 
limit the output of electric energy, or are in unlawful restraint 
of trade with foreign nations or between two or more States or 
within any one State in the generation, transmission, distribu- 
tion, or sale of electric or other power. 

Art. 31. That any approval of any alteration or amendment, 
or of any map or plan, or of any extension of time shall affect 
only so much of the stipulation or permit as is specifically cov- 
ered by such approval ; and that no approval of any such altera- 
tion, amendment, or extension shall operate to alter or amend, or 
in any way whatsoever be a waiver of any other part, condition, 
or provision of the stipulation or permit. 

In witness whereof, the permittee has executed this stipula- 
tion on the day of , 191__. 

[seal.] 

By 

Attest : 

Secretary. 

Note. — This stipulation will be prepared by the district forester and 
presented to the applicant for execution. After being properly executed, 
it should be returned to the district forester together with the Acknowl- 
edgment, and, where necessary, evidence of authority for the corporate 
officer to sign for the company, (See Form 319, p. 89.) 



72 

Form 61b. [Revised Mar. 1, 1913.] 

UNITED STATES DEPARTMENT OF AGRICULTURE 
forest service 

Acknowledgment. 

State of 



} 



County of ''^^' 

On this day of , 191—, before me, a notary 

public in and for said county, duly commissioned and sworn, 

my commission expiring , 191—, personally 

came , to me personally 

known, wbo, being by me duly sworn, did depose and say that 

be resides in , that be is tbe — 

of tbe Company, tbat said company is tbe 

corporation wbicb is described in and wbicb executed tbe fore- 
going instrument, tbat be knows tbe seal of said corporation, 
tbat tbe seal affixed to sucb instrument is such corporate seal, 
tbat it was so affixed by order of tbe board of directors of 
said corporation, and tbat be signed bis name thereto by like 

order; and tbe said 

acknowledged said instrument to be the free act and deed of 
said corporation. 

Witness my hand and official seal the day and year first 
aboA^e w^ritten. 

[notarial seal.] . , 

Notary PiiNic. 
' _ Note. — This form of Acknowledgment should accompany all stipula- 
tions for final power permits, transmission-line permits, and right-of- 
way grants. 

Form 62. [Revised July 1, 1915.] 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 
[Designation to be inserted by District Forester.] 

Final Power Permit. 

Whereas, in accordance with the regulations issued under the 
act of February 15, 1901 (31 Stat.. 790), by tbe Secretary of 

Agriculture (hereinafter called the "Secretary"), 

(hereinafter called the "per- 
mittee"), filed with the district forester at 

on tbe day of , 191 , an application for a final 



73 

power permit authorizing the occupancy and use of certain 
lands of the United States within the Na- 
tional Forest in the State of , and the con- 
struction, maintenance, and, or, operation thereon of certain 
project works for the development, transmission, and distribu- 
tion of power ; said lands and said project works being described 
and shown by the maps, field notes, plans, estimates, and data 
contained in said application ; and 

Whereas the aforesaid maps and plans, as hereinafter spe- 
cifically described, have been adopted by the permittee as the 
maps of the approximate final location and as the approximate 
plans of the project works which the permittee proposes to con- 
struct under this permit ; and 

Whereas the permittee has paid the rental charges required 
by the aforesaid regulations as a (Condition precedent to the 
issuance of this permit ; and 

Whereas the permittee on the day of , 191 , exe- 
cuted a stipulation required by the Secretary as a condition to 
the issuance of this permit and has filed said stipulation with 
the district forester at : 

Now, therefore, the permittee is authorized, subject to the 
aforesaid stipulation and to the provisions hereinafter set forth, 
to occupy and use the lands hereinbefore referred to and to 
construct, maintain, and, or. operate thereon, for the purposes 
in article 1 below set forth, the following project works : 

Cancel such of the four following items (a), (b), (c), and (d) as mar 
not be applicable. 

(a) 

(Masonry, earth, etc., diverting or storage.) 

dams approximately feet in maximum 

height and approximately feet in maxi- 
mum length, to form reservoirs to flood 

approximately acres at spillway level, re- 
spectively,* in section 

meridian, of which approximately 

acres are National Forest land, said dams and 

said reservoirs being designated, respectively, as follows : 

(6) water conduits approximately- 

miles in length, respectively,* crossing 



* If surveyed, describe by section, township, and range. If unsur- 
veyed, substitute in paragraphs (a), (&), (c), and (d) tlie following: 
" located on certain lands described and shown by the maps and field 
notes accompanying the application filed with the district forester on 
the day of , 191__." 



74 

sections 



meridian, of which approximately 

miles will cross National Forest lands, said 

water conduits being designated, respectively, as follows: 

(c) power houses and appuretenant struc- 
tures to occupy approximately acres, re- 

si>ectively,* in section 

, meridian, of which approximately 

: acres are National Forest land, said power 

houses being designated, respectively, as follows : 

(d) transmission lines 

miles in length, respectively,* crossing sections 

meridian, of which approximately 

miles will cross National Forest land, said trans- 
mission lines being designated as follows : 

All as approximately shown upon certain maps and plans 

subscribed and sworn to by 

on the day of , 19—, which maps and 

plans are filed together herewith and designated as follows: 

(Designate each original map or plan as "Exhibit A," "Exhibit B," 

etc., following each such designation by the titfe of the map or plan,, as 

"Exhibit A, Map of Location of, etc"; " Exliil)it , Plan" of.'ettT.'''^ 

which maps and plans, together with certain field notes, esti- 
mates and data, evidence of water rights, articles of incoi-pora- 

tion, etc., designated, respectively, 

(Designate each exhibit by- 
letter and name, as " Exhibit M, Articles of Incorporation," etc.) 
are hereby made a part of this permit. 

Article 1. The project works to be constructed, maintained, 
and, or, operated under this permit shall be constructed, main- 
tained, and, or, operated for the purpose of storing, conducting, 
and, or, using water for the development of power or for the 
purpose of the transmission, distribution, and use of power. 

Art. 2. Unless sooner revoked by the Secretary, this permit 

shall terminate and become void on the day of , 

19—, but on said date will be deemed to be an application by 

* See footnote on p. 73. 



75 

the permittee for a new permit to occupy and use such National 
Forest lands as are occupied and used under this permit : Pro- 
vided, That the permittee will comply with then existing laws 
and regulations governing the occupancy and use of National 
Forest lands for power purposes and shall have notified the 
Secretary not less than two (2) nor more than twelve (12) 
years prior to said date that such new permit is desired. 

Akt. 3. Violation of any of the conditions of the aforesaid 
stipulation or of this permit shall be sufficient cause for the 
revocation of this permit : Provided, hoivever, That this permit 
will not be deemed to be terminated except upon formal revoca- 
tion thereof by the Secretary and until the permittee shall have 
had a reasonable time — ^not to exceed ninety (90) days — within 
which to show cause why such revocation should not be made. If 
this permit is revoked, priority maintained hereby will be lost, and 
no application, either preliminary or final, covering in whole or 
in part either the lands under this permit or adjacent lands, for 
a like use (except for transmission lines), will be accepted 
from the permittee until the expiration of one year after such 
loss of priority ; and this restriction shall extend to transferees 
of the permittee and, if the permittee is a corporation, to rein- 
corporations representing the same or associated interests, 
whenever in the judgment of the Secretary a transfer or rein- 
corporation has been effected for the purpose or with the result 
of escaping the restriction of this regulation, it being the intent 
of such restriction to leave open to other applicants for a period 
of one year power sites upon which priorities have lapsed as 
herein provided. 

Art. 4. This permit and the permission granted hereunder to 
occupy and use National Forest lands may be transferred to a 
new permittee under the following conditions, and not other- 
wise : The proposed transferee shall file with the district for- 
ester of the district in which the lands under this permit are 
situated the decree, execution of judgment, will, contract of 
sale, or other written instrument upon which the proposed trans- 
fer is based, or a properly certified copy thereof, also a written 
application for the transfer. A stipulation binding the proposed 
transferee to the performance of such of the old conditions and 
of such new and additional conditions as the Secretary may 
deem necessary will be prepared and submitted to the proposed 
transferee for execution and return to the district forester ; and 
thereupon, if the Secretary approves of the transfer and issues 
a new permit, the transferee shall succeed to the rights and 
obligations of the permittee, subject, however, to such new and 



76 

additional conditions as shall liave been embodied in such 
stipulation and permit. 

Aet. 5. The power project or projects authorized by this per- 
mit, or any part thereof, whether constructed or unconstructed, 
may be abandoned by the permittee upon the written approval 
of the Secretary after a finding by the Secretary that such 
abandonment will neither tend to prevent the subsequent de- 
velopment of such project or part thereof so abandoned, nor be 
contrary to the public interest, and after the fulfillment by the 
permittee of all obligations under the aforesaid stipulation and 
this permit, in respect to payment or otherwise, existing at the 
time of such approval. 

Art. 6. Upon the voluntary abandonment of the occupancy 
and use of National Forest lands, as authorized by this permit 
(except as provided for in article 4 hereof), or upon the revoca- 
tion of this permit, or upon the nonexecution of a new permit 
at the termination of this permit, all permanent project works 
which have been constructed under the authority of this permit, 
such as reservoirs, dams, and operating mechanism, water con- 
duits and operating mechanism, power houses, and other build- 
ings, shall become and remain the property of the United States : 
Provided, however, That if said revocation or abandonment 
shall, as provided for in the aforesaid stipulation, affect only a 
part of the project works, the construction of which is author- 
ized by this permit, the provisions of this article shall apply 
only to such parts of said project works as are affected by such 
revocation or abandonment. The mechanical equipment of 
power houses shall remain the property of the permittee, and may 
be removed within a reasonable time, not to exceed six (6) 
months after such abandonment, revocation, or termination, 
unless other disposition of such equipment is approved by the 
Secretary. 

Art. 7. This permit is subject to all prior valid claims and 
permits which are not subject to the occupancy and use hereby 
authorized. 

In witness whereof, I have hereunto set my hand this 

day of , 191—. 



Secretary of Agriculture. 

Note. — This form will not be iised by the applicant. After being 
executed by the Secretary, the final power permit in complete form will 
be forwarded to the applicant. 



77 

Form 63. (Revised July 1, 1915.) 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 
[Designation to be inserted by District Forester.] 

Transmission Line Permit. 
(Act of February 15, 1901.) 

Whereas, in accordance witli tlie regulations issued under 
the act of February 15, 1901 (31 Stat., 790), by the Secretary of 

Agriculture (hereinafter called the " Secretary") 

(hereinafter called the "permittee"), 

filed with the district forester at on the 

day of , 191—, an application for a transmission- 
line perioait authorizing the occupancy and use of certain lands 

of the United States within the National 

Forest in the State of , and the construc- 
tion, maintenance and, or, operation thereon of certain project 
works for the transmission and distribution of electric power, 
said lands and said project works being described and shown by 
the maps and field notes contained in said application ; and 

Whereas, the aforesaid maps, as hereinafter specifically de- 
scribed, have been adopted by the permittee as the maps of ap- 
proximate final location of the transmission line__ which the 
permittee proposes to construct under this permit ; and 

Whereas, the permittee has paid the rental charges required 
by the aforesaid regulations as a .condition precedent to the 
issuance of this permit ; and 

Whereas, the permittee, on the day of , 191__, 

executed a stipulation required by the Secretary as a condition 
to the issuance of this permit and has filed said stipulation with 
the district forester at : 

Now, therefore, the permittee is authorized, subject to the 
aforesaid stipulation and to the provisions hereinafter set forth, 
to occupy and use the lands hereinbefore referred to, and to 

construct, maintain, and, or, operate thereon 

transmission line miles in length, respec- 
tively,* crossing sections 

meridian, of which approximately 

miles will cross National Forest land, 

* If surveyed, describe by section, township, and range. If unsur- 
veyed. substitute the following: : " located on certain lands described 
and shown by the maps and field notes accompanying the application 
filed with the' district forester on the day of , 191__." 



78 

said transmission lines being designated as follows : 



as approximately shown upon __ certain map__ and as described 

in certain field notes subscribed and sworn to by 

on the day of , 

191__, which maps and field notes are filed together heiewith 
and designated as follows : 



(Designate 


each ori; 


ginal 


of map as 


1 "Exhibit 


A," 


" Exhibit 


B," etc.. 


following each such 


designation by 


the title of the 


map, 


as 


" Exhibit 


A, Map of 


Location 


of," 


etc. Also 


designate 


field 


notes 


as 


" Exhibit 



,■' etc.) 

which maps and field notes, together with certain other data 

designated as " Exhibit 

(Designate each exhibit 
>» 

by letter and name, as " Exhibit M, Articles of Incorporation," etc.) 
are hereby made a part of this permit. 

Article 1. Unless sooner revoked by the Secretary, this permit 

shall terminate and become void on the day of , 

19 , but on said date will be deemed to be an application by 

the permittee for a new permit to occupy and use such National 
Forest lands as are occupied and used under this permit: Pro- 
vided, That the permittee will comply with then existing laws 
and regulations governing the occupancy and use of National 
Forest lands for power purposes, and shall have notified the 
Secretary not less than two (2) nor more than twelve (12) 
years prior to said date that such new permit is desired. 

Art. 2. Violation of any of the conditions of the aforesaid 
stipulation or of this permit shall be sufficient cause for the 
revocation of this permit : Provided, hoivever. That this permit 
wall not be deemed to be terminated except upon formal revoca- 
tion thereof by the Secretary and until the permittee shall have 
had a reasonable time — not to exceed ninety (90) days — within 
which to show cause why such revocation should not be made. 

Art. 3. This permit and the permission granted hereunder to 
occupy and use National Forest lands may be transferred to 
a new permittee under the following conditions, and not other- 
wise: The proposed transferee shall file with the district for- 
ester of the district in which the lands under this permit are 
situated the decree, execution of judgment, wall, contract of sale, 
or other written instrument upon which the proposed transfer is 
based, or a properly certified copy thereof, also a written appli- 
cation for the transfer. A stipulation binding the proposed 



79 

transferee to the performance of snch of the old conditions and 
of such new and additional conditions as the Secretary may 
deem necessary will be prepared and submitted to the proposed 
transferee for execution and return to the district forester ; and 
thereupon, if the Secretary approves of the transfer and issues 
a new permit, the transferee shall succeed to the rights and 
obligations of the permittee, subject, however, to such new and 
additional conditions as shall have been embodied in such 
stipulation and permit. 

Akt. 4. The transmission line or lines authorized by this per- 
mit, or any part thereof, whether constructed or unconstructed, 
may be abandoned by the permittee upon the written approval 
of the Secretary after a finding by the Secretary that such 
abandonment will not be contrary to the public interest, and 
after the fulfillment by the permittee of all obligations under 
the aforesaid stipulation and this permit, in respect to payment 
or otherwise, existing at the time of such approval. 

Art. 5. Upon the voluntary abandonment of the occupancy 
and use of National Forest lands, as authorized by this permit 
(except as provided for in article 3 hereof), or upon the revoca- 
tion of this permit, or upon the nonexecution of a new permit 
at the termination of this permit, all permanent works which 
have been constructed under the authority of this permit shall 
become and remain the property of the United States. 

Art. 6. This permit is subject to all prior valid claims and 
permits which are not subject to the occupancy and use hereby 
authorized. 

In witness whereof, I have hereunto set my hand this 

day of , 191__. 

, 

Forester. 

Note. — This form will not be used by the applicant. After being 
executed by the Secretary, the transmission-line permit in complete 
form will be forwarded to the applicant. 



Form 68. (Revised July 1, 1915.) 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 
[Designation to be inserted by District Forester.] 

Transmission Line Stipulation. 

(Act of February 15, 1901.) 

Whereas, in accordance with the regulations issued under the 
act of February 15, 1901 (31 Stat., 790), by the Secretary of 

7528°— 15 6 



80 

Agriculture (hereinafter called the " Secretary"), 

(hereinafter called the "permittee") 

filed with the district forester at on the 

day of , 191__, an application for a transmission- 
line permit authorizing the occupancy and use of certain lands 

of the United States within the National 

Forest in the State of , and the construc- 
tion, maintenance, and, or, operation thereon of certain project 
works for the transmission and distribution of electric power, 
said lands and said project works being described by the maps 
and field notes contained in said application : 

Now, therefore, in consideration of and as a prerequisite to 
the granting of the aforesaid permit, the permittee stipulates 
and agrees as follows, to wit : 

Article 1. To construct its transmission line or lines on the 
location shown upon and in accordance with the maps con- 
tained in the aforesaid application, which said maps are hereby 
made a part of this stipulation, and to make no material devia- 
tion from said location unless and until maps showing such 
deviation shall have been submitted to the district forester and 
approved by the Secretary, or by his authorized representatives. 

Art. 2. To file within six (6) months after the completion 
of the transmission line or lines, as required in article 3 hereof, 
in the manner prescribed for original maps of location, maps 
showing the final location of each line or lines as constructed, if 
such final location varies from that shown upon maps originally 
filed or upon approved amendments thereof. 

Art. 3. To begin the construction of the aforesaid line or 

lines on or before and to complete the 

construction of said line or lines on or before 

Art. 4. That it is understood that the dates specified in 
article 3 hereof for the beginning and completion of construc- 
tion will be extended only on the written approval of the Secre- 
tary, or his authorized representative, after a showing by the 
permittee satisfactory to said oflicer that such beginning or 
completion of construction has been prevented by engineering 
difllculties that could not reasonably have been foreseen or by 
other special and peculiar cause beyond the control of the 
permittee. 

Art. 5. That except when prevented by unavoidable accidents 
or contingencies, the permittee will, after the completion of 
construction as required in article 3 hereof, operate in good 
faith and as continuously as may be possible under prevailing 
market requirements, the line or lines constructed, and, or, 
maintained in whole or in part under the permit; that the 



81 

permittee will neither discontinue tlie operation of said line or 
lines nor reduce tlie amount of power transmitted over the 
same at such a time or in such a manner as to reduce the out- 
put of electric energy required by the consuming public, or to 
increase the market price therefor, or to discriminate between 
consumers, or to prejudice the public interests ; and that if there 
is discontinuance of operation or reduction in amount of power 
transmitted for a continuous period of more than thirty (30) 
days or for an aggregate period of more than ninety (90) days 
in any calendar year, the pennittee will notify the district for- 
ester of the fact of such discontinuance or reduction and of the 
reasons therefor. 

Art. 6. To pay annually in advance during the decade begin- 
ning January 1, 191__, to the National Bank 

of , or such other Government depository 

or officer as may hereafter be legally designated, to be placed to 

the credit of the United States, a rental charge of 

dollars ($ ), being at the approximate rate 

of five dollars ($5) per mile per annum, and during each suc- 
ceeding decade an annual charge at such reasonable rate per 
mile as the Secretary may fix at the beginning of each such 
decade. 

Art. 7. That meters and, or, other devices approved by the 
Secretary, adequate for the determination of the amount of 
power delivered over said transmission line or lines, shall be 
installed and maintained in good operating condition in such 
manner as may be approved by the Secretary at the following- 
described places: 

(For each meter or other device, specify its loca- 
tion and the line or portion thereof to which connected.) 
and that accurate and sufficient records of the foregoing deter- 
minations will be kept to the satisfaction of the Secretary ; and 
that a return will be made during January of each year, under 
oath, of said records of measurement for the year ending on 
December 31 preceding. 

Art. 8. That the books and records of the permittee, in so far 
as they contain information concerning the power-transmission 
line or lines under the permit, or the power business conducted 
in connection therewith, shall be open at all times to the inspec- 
tion and examination of the Secretary, or other officer or agent 
of the United States duly authorized to make such inspection 
and examination. 

Art. 9. On demand of the Secretary to maintain, in such form 
as the Secretary may prescribe or approve, a system of account- 



82 

ing of the entire power business, conducted in connection with 
the power-transmission line or lines under the permit; and to 
render annually such reports of the said power business as the 
Secretary may direct: Provided, however, That if the laws of 
the State in which the said power business or any part thereof 
is transacted require periodical reports from public-utility corpo- 
rations under a uniform system of accounting, copies of such 
reports so made will be accepted, to the extent that they furnish 
the desired information, as fulfilling the requirements of this 
article. 

Art. 10. To protect all Government and other telephone, tele- 
graph, and power-transmission lines at crossings of and at all 
places in proximity to the permittee's transmission line or lines 
in a worlimanlike manner, according to the usual standards of 
safety for construction, operation, and maintenance in such 
cases ; and to maintain said transmission line or lines in such a 
manner as not to menace life or property. 

Art. 11. To clear and keep clear National Forest lands along 
the transmission line or lines for such width and in such a 
manner as the forest officers may direct. 

Art. 12. To dispose to the satisfaction of the forest officers of 
all brush, refuse, or unused timber on National Forest lands 
resulting from the construction, maintenance, and operation of 
the transmission line or lines under the permit. 

Art. 13. To do everything reasonably within its power and to 
require its employees, contractors, and employees of contractors 
to do everything reasonably within their power, both inde- 
pendently and upon request of the forest officers, or other agents 
of the United States, to prevent and suppress fires on and near 
the lands to be occupied under the permit. 

Art. 14. To pay in advance to the United States depository or 
officer, as above set forth in article 6 hereof, to be placed to the 
credit of the United States, the full value as fixed by the dis- 
trict forester, of all timber cut, injured, or destroyed on Na- 
tional Forest lands in the construction, maintenance, and, or, 
operation of the transmission line or lines under the permit. 

Art. 15. To sell power to the United States when requested 
at as low a rate as is given to any other purchaser for a like use 
at the same time and under similar conditions, if the permittee 
can furnish the same to the United States without diminishing 
the quantity of power sold before such request to any other cus- 
tomer by a binding contract of sale : Provided, That nothing in 
this article shall be construed to require the permittee to in- 
crease its permanent works or install additional generating 
machinery. 



83 

Art. 16. To abide by such reasonable regulation of the service 
rendered and to be rendered by the permittee to consumers of 
power furnished or transmitted by the permittee, and of rates 
of payment therefor, as may from time to time be prescribed by 
the State or by any duly constituted agency of the State in 
which the service is rendered ; but if such regulation is not exer- 
cised by the State or by any duly constituted agency thereof, 
the Secretary may, upon the filing with him of formal com- 
plaint by the State, by a municipality, or by not less than 
twenty-five (25) customers or prospective customers of the 
permittee, cause an inquiry to be made concerning the service 
or rate of payment complained of; and if it shall appear upon 
such inquiry that the service or the rate of payment com- 
plained of is. unreasonable, the Secretary may fix the character 
of the service and may name the rate of payment which shall be 
rendered or charged. 

Art. 17. That the line or lines to be constructed, maintained, 
and, or, operated under the permit will not be owned, leased, 
trusteed, possessed, or controlled by any device or in any man- 
ner so that they form part of or in any way effect any combina- 
tion in the form of an unlawful trust, or form the subject of 
any unlawful contract or conspiracy to limit the output of elec- 
tric energy, or are in unlawful restraint of trade with foreign 
nations or between two or more States or within any one State 
in the generation, transmission, distribution, or sale of electric 
energy. 

Art. is. That in respect to the regulation by any competent 
public authority of the service to be rendered by the permittee 
or of the price to be charged therefor, and in respect to any pur- 
chase or taking over of the properties or business of the per- 
mittee, or any part thereof, by the United States or by any State 
within which such properties are situated or business carried on 
in whole or in part, or by any municipal corporation of such 
State, no value Mhatsoever shall at any time be assigned to or 
claimed for the permit, or for the occupancy or use of National 
Forest lands granted thereunder, nor shall the permit or such 
occupancy and use ever be estimated or considered as property 
upon which the permittee shall be entitled to earn or receive 
any return, income, price, or compensation whatsoever. 

Art. 19. That any approval of any alteration or amendment, 
or of any map or plan, or of any extension of time shall affect 
only so much of this stipulation or of the permit as is specifi- 
cally covered by such approval ; and that no approval of any 
such alteration, amendment, or extension shall operate to alter 



84 • 

or amend or in any way whatsoever be a waiver of any other 
part, condition, or provision of this stipulation or of the permit. 

In witness whereof, the permittee has executed this stipula- 
tion on the day of , 191--. 

[seal.] 

By 

Attest : 

Secretary. 

Note. — This stipulation will be prepared by the district forester and 
presented to the applicant for execution. After being properly exe- 
cuted, it should be returned to the district forester together with the 
Acknowledgment, and, whore necessary, evidence of authority for the 
corporate officer to sign for the company. (See Form 319, p. 89.) 



Form 69. (Revised July 1, 1915.) 

UNITED STATES DEPARTMENT OF AGRICULTURE 

FOREST SERVICE 

[Designation to be inserted by District Forester.] 

Stipulations — Telephone, Telegraph, and Power- 
Transmission Lines. 

(Act of Mar. 4, 1911.) 

Whereas, in accordance with the regulations issued under the 
act of March 4, 1911 (36 Stat, 1253), by the Secretary of Agri- 
culture (hereinafter called the "Secretary"), 

(hereinafter called the "grantee") filed 

with the district forester at on the 

day of , 191 — , an application for a 

line grant authorizing the occupancy and use of certain lands of 
the United States within the National For- 
est in the State of , and the construction, 

maintenance, and, or, operation thereon of certain project 
worlds (for the transmission and distribution of electric power, 
for the transmission of communications by telephone and, or, 
telegraph*), said lands and said project works being described 
by the maps and field notes contained in said application : 

Now, therefore, in consideration of and as a prerequisite to 
the issuance of the aforesaid grant, the grantee does hereby 
stipulate and agree, and does bind himself, his heirs, executors, 
administrators, and assigns, and each of them, jointly and sev- 

* Cancel the use not applicable to the application. 



85 

erally (themselves, their heirs, executors, administrators, and 
assigns, and each of them, jointly and severally) (itself, its suc- 
cessors, and assigns), as follows, to wit: 

Article 1. To construct its line or lines on the location 
shown upon and in accordance with the maps contained in the 
aforesaid application, which said maps are hereby made a part 
of this stipulation, and to malie no material deviation from 
said location unless and until maps showing such deviation 
shall have been submitted to the district forester and approved 
by the Secretary or by his authorized representative. 

Art. 2. To file within six (6) months after the completion 
of the line or lines, as required in article 3 hereof, in the man- 
ner prescribed for original maps of location, maps showing the 
final location of the line or lines as constructed, if such final 
location varies from that shown upon maps originally filed or 
upon approved amendments thereof. 

Art. 3. To complete the construction of the aforesaid line or 
lines on or before 

Art. 4. That except when prevented by unavoidable acci- 
dents or contingencies, the grantee will, after the completion 
of construction as required in article 3 hereof, operate in good 
faith and as continuously as may be possible under prevailing 
market requirements, or users' demands, the line or lines con- 
structed, and, or, maintained in whole or in part under the 
grant ; that the grantee will neither discontinue the operation 
of said line or lines, nor reduce the amount of power transmitted 
over the same, at such a time or in such a manner as to reduce 
the output of electric energy required by the consuming public, 
or to increase the market price therefor, or to discriminate 
between consumers, or to prejudice the public interests; and 
that if there is discontinuance of operation, or reduction in 
amount of power transmitted for a continuous period of more 
than thirty (30) days or for an aggregate period of more than 
ninety (90) days in any calendar year, the grantee will notify 
the district forester of the fact of such discontinuance or reduc- 
tion and of the reasons therefor. 

Art. 5. To pay annually in advance during the decade begin- 
ning January 1, 191__, to the National 

Bank of , or such other Government de- 
pository or officer as may hereafter be legally designated, to be 
placed to the credit of the United States, a rental charge of 
dollars ($ ), being at the ap- 
proximate rate of five dollars ($5) per mile per annum, and dur- 
ing each succeeding decade an annual charge at such reasonable 
rate per mile as the Secretary may fix at the beginning of each 
such decade. 



86 

'Art. 6. That meters and, or, other devices approved by the 
Secretary, adequate for the determination of the amount of 
power delivered over said transmission line or lines, will be 
Installed and maintained in good operating condition in such 
manner as may be approved by the Secretary at the following 
described places: 

and that accurate and sufficient records of the foregoing deter- 
minations will be kept to the satisfaction of the Secretary ; and 
that a return will be made during January of each year, under 
oath, of said records of measurements for the year ending on 
December 31 preceding. 

Art. 7. That the books and records of the grantee, in so far 
as they contain information concerning the power-transmission 
line or lines under grant or the power business conducted in 
connection therewith, shall be open at all times to the inspection 
and examination of the Secretary or other officer or agent of 
the United States duly authorized to make such inspection and 
examination. 

Art. 8. On demand of the Secretary to maintain, in such form 
as the Secretary may prescribe or approve, a system of account- 
ing of the entire power business, conducted in connection with 
the power- transmission line or lines under the grant; and to 
render annually such reports of the said power business as the 
Secretary may direct : Provided, however, That if the laws of 
the State in which the said power business or any part thereof 
Is transacted require periodical reports from public-utility corpo- 
Tations under a uniform system of accounting, copies of such 
a^ports so made will be accepted, to the extent that they furnish 
the necessary information, as fulfilling the requirements of this 
article. 

Art. 9. To protect all Government and other telephone, tele- 
graph, and power-transmission lines at crossings of and at all 
places in proximity to the grantee's telephone, telegraph, and, 
or, power-transmission line or lines in a workmanlike manner, 
according to the usual standards of safety for construction, 
operation, and maintenance in such cases ; and to maintain said 
telephone, telegraph, and, or, power-transmission line or lines in 
such a manner as not to menace life or property. 

Art. 10. To clear and keep clear National Forest lands along 
the right of way for such width and in such a manner as the 
forest officers may direct. 

Art. 11. To dispose to the satisfaction of the forest officers of 
all brush, refuse, or unused timber on National Forest lands 
resulting from the construction, maintenance, and operation of 
the line or lines under grant. 



87 

Art. 12. To do everything reasonably within its power, and 
to require its employees, contractors, and employees of con- 
tractors to do everything reasonably within their power, both 
independently and upon request of the forest officers, or other 
agents of the United States, to prevent and suppress fires on or 
near the lands occupied under the grant. 

Art. 13. To pay in advance to the United States depository or 
officer as above set forth in article 5 hereof, to be placed to the 
credit of the United States, the full value, as fixed by the 
district forester, of all timber cut, injured, or destroyed on 
National Forest lands in the construction, maintenance, and, or 
operation of the transmission line or lines under the grant. 

Art. 14. To sell power to the United States when requested 
at as low a rate as is given to any other purchaser for a like 
use at the same time and under similar conditions, if the 
grantee can furnish the same to the United States without 
diminishing the quantity of power sold before such request to 
any other customer by a binding contract of sale: Provided, 
That nothing in this article shall be construed to require the 
grantee to increase its permanent works or to install additional 
generating machinery. 

Art. 15. To abide by such reasonable regulation of the service 
rendered and to be rendered by the grantee, whether in respect 
to the furnishing or transmitting of power or to the transmitting 
of communications by telephone or telegraph, and of rates of 
payment therefor, as may from time to time be prescribed by the 
State or by any duly constituted agency of the State in which 
the service is rendered; but if such regulation with respect to 
the furnishing or transmitting of power is not exercised by the 
State or by any duly constituted agency thereof, the Secretary 
may, upon the filing with him of formal complaint by the State, 
by a municipality, or by not less than twenty-five (25) cus- 
tomers or prospective customers of the grantee, cause an inquiry 
to be made concerning the service or rate of payment complained 
of ; and if it shall appear upon such inquiry that the service or 
the rate of payment complained of is unreasonable, the Secre- 
tary may fix the character of the service and may name the 
rate of payment which shall be rendered or charged. 

Art. 16. That the line or lines to be constructed, maintained, 
and, or, operated under the grant will not be owned, leased, trus- 
teed, possessed, or controlled by any device or in any manner so 
that they form part of or in any way effect any combination in 
the form of an unlawful trust, or form the subject of any un- 
lawful contract or conspiracy to limit the output of electric 
energy, or are in unlawful restraint of trade with foreign 
nations or between two or more States or within any one State 



88 

in the generation, transmission, distribution, or sale of electric 
energy, or in the transmission of communications by telephone 
or telegraph. 

Art. 17. That in respect to the regulation by any competent 
public authority of the service to be rendered by the grantee or 
of the price to be charged therefor, and in respect to any pur- 
chase or taking over of the properties or business of the grantee, 
or any part thereof, by the United States or by any State within 
which such properties are situated or business carried on, or 
by any municipal corporation of such State, no value whatso- 
ever shall at any time be assigned to or claimed for the grant, 
or for the occupancy or use of National Forest lands granted 
thereunder, nor shall the grant or such occupancy and use ever 
be estimated or considered as property upon which the grantee 
shall be entitled to earn or receive any return, income, price, or 
compensation whatsoever. 

Art. 18. That upon breach by the grantee of any of the terms 
or conditions set forth in this stipulation or in the grant, the 
United States may enforce appropriate remedy therefor by suit 
for specific performance, injunction, action for damages, or 
otherwise; and if any such breach shall be continued or re- 
pealed after thirty (30) days' notice thereof, given to the 
grantee by the Secretary, the right of way granted, together 
with all rights thereunder and all rental charges and other 
moneys paid thereon, may be forfeited to the United States by 
a suit for that purpose in any court of competent jurisdiction. 

Art. 19. That the grantee will not assign or transfer to any 
other person or corporation whatsoever the right of way granted, 
except with the approval in writing first obtained from the 
Secretary of Agriculture or other proper officer of the United 
States, and upon terms and conditions prescribed in said written 
approval by said Secretary or other officer. 

(Insert here any additional stipulations proposed in accordance with 
Reg. 1^24.) 

In witness whereof, the grantee has executed this stipulation 

on the day of , 191__. 

[seal.] 

By 

Attest : 

Secretary. 

Note. — This stipulation will be prepared by the district forester and 
presented to the applicant for execution. After being propei'ly exe- 
cuted, it should be returned to the district forester together with the 
Acknowledgment, and, where necessary, evidence of authority for the 
corporate officer to sign for the company. (See Form 319, p. 89.) 



89 

(Reverse of Form 319.) 

Proof Required of Corporate Officer's Authority to 
Sign Agreements, Permits, and Bonds as Prin- 
cipal. 

When an agreement, bond, or other legal instrument is ex- 
ecuted by a corporation, and evidence is required of the author- 
ity of the person who signs on behalf of the corporation, such 
evidence should be eithek — 

(1) A certified copy of the provisions in the articles of in- 
corporation or by-laws of the company relating to the authority 
of its officers to sign contracts and other similar instruments. 
Such provision to be acceptable should be substantially as fol- 
lows in effect : 

« * * * r^he president (or other officer) shall sign and 
execute all bonds, contracts, agreements, and other obliga- 
tions in the name of the company. * * * " 

(2) A certified copy of a resolution of the board of directors 
giving the requisite authority to the signing officer. If there is 
no such existing resolution and one is required, it should be 
passed by the board of directors before the instrument is ex- 
ecuted. The following is suggested as a form for such a reso- 
lution : 

"Resolved that the of this company 

(Officer's title.) 
be, and he hereby is, authorized and empowered to make, sign- 
execute, and deliver, for and in behalf of this company, and 
as its act and deed, any and all options, deeds, contracts, 
stipulations, bonds, or other instruments between this com- 
pany and the Secretary of the United States Department of 
Agriculture, or the Forester or other duly authorized repre- 
sentative of such Secretary." 

In every case, the copy of the resolution, article of incorpora- 
tion, or by-law should be followed by a certificate by the secre- 
tary of the company, under the corporate seal. The following 
is given as a form for such certificate : 

I, , secretary of 

the Company, do hereby certify that the 

foregoing is a true copy [of the article of incorporation (or 
of the by-law, as the case may be) which pertains to the 

powers of the of said company;] or [of 

(Title of officer.) 
a resolution, and of the whole thereof, passed by the board of 
directors at a directors' meeting, duly called and assembled, 
and at which a quorum was present;] that said article of in- 



90 

corporation (by-law or resolution, as the case may be) was 

on the in full force and effect; and that 

(Date of executing contract.) 

on said date was 

(Name of person signing Instrument.) 

the of the said company. 

(Title.) 
IN WITNESS WHEREOF, I have hereunto subscribed my 

name as secretary of the Company and 

affixed the corporate seal of said company this day of 

, 191__. 

, 

[COBPOBATE SEAL.] 

Secretary of the . 



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